Padilla, Welch Introduce Legislation to Repeal Trump Deportation Provision Targeting First Amendment Right to Free Speech

WASHINGTON, D.C. - Today, U.S. Senators Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, and Peter Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on the Constitution, introduced legislation to confront President Trump's reckless attacks on freedom of speech against visa-holders and legal permanent residents. The Land of the Free Act would repeal Section 237(a)(4)(C) of the Immigration and Nationality Act, which grants the Secretary of State the unreviewable power to deport non-citizens whose presence in the United States would have "potentially serious adverse foreign policy consequences for the United States." The Trump Administration has weaponized this rarely used provision in the Immigration and Nationality Act to punish individuals who speak out against its policies or are perceived political enemies.

"The Trump Administration has made clear it will target anyone it disagrees with, going so far as to infringe upon constitutionally protected freedoms to crack down on dissent," said Senator Padilla. "The Land of the Free Act would put an end to this abuse of power and ensure everyone in this country can exercise their right to free speech without fear of deportation."

"President Trump is attacking free speech and weaponizing immigration law in an attempt to permanently silence voices speaking out against his administration's policies. The Trump Administration's retaliatory attacks on the right to free speech threaten millions who are here in America legally. Congress can't sit by while this president runs roughshod over the First Amendment," said Senator Welch. "I'm leading this legislation with Senator Padilla to protect the fundamental right to free speech."

Specifically, the legislation would protect visa-holders and legal permanent residents from the Administration's targeting of noncitizens by:

• Amending the Immigration and Nationality Act by repealing Section 237(a)(4)(C), which would remove the Secretary of State's unreviewable authority to deport visa holders and legal permanent residents.
• Limiting the Executive Branch's power to detain and initiate deportation proceedings against residents of the United States who engage in speech the President opposes.
• Providing much-needed protection from weaponization of the provision against visa-holders and legal permanent residents who are exercising their constitutionally protected right to free speech or who are perceived enemies of the Administration.

Representatives Deborah Ross (D-N.C.-02) and Becca Balint (D-Vt.-AL) introduced companion legislation in the House of Representatives. The bill is endorsed by the American Civil Liberties Union (ACLU), the Knight Institute, and the Immigrant Legal Resource Center.

In addition to Padilla and Welch, the Land of the Free Act is co-sponsored by Senate Democratic Whip Dick Durbin (D-Ill.), and Senators Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Ed Markey (D-Mass.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), and Elizabeth Warren (D-Mass.).

Padilla has been a vocal leader in opposing the Trump Administration's mass deportation agenda and its efforts to silence dissent. Earlier this year, he introduced the No Political Enemies (NOPE) Act, legislation protect individuals and organizations from politically motivated harassment and prosecution by the federal government.

A one-pager of the bill is available here.

Full text of the bill is available here.

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