“Mr. Ahmed studies and engages in civic discourse about the content moderation policies of major social media companies in the United States, the United Kingdom, and the European Union,” his lawsuit said. “There is no conceivable foreign policy impact from his speech acts whatsoever.”
In his complaint, Ahmed alleged that Rubio has so far provided no evidence that Ahmed poses such a great threat that he must be removed. He argued that “applicable statutes expressly prohibit removal based on a noncitizen’s ‘past, current, or expected beliefs, statements, or associations.’”
According to DHS guidance from 2021 cited in the suit, “A noncitizen’ s exercise of their First Amendment rights … should never be a factor in deciding to take enforcement action.”
To prevent deportation based solely on viewpoints, Rubio was supposed to notify chairs of the House Foreign Affairs, Senate Foreign Relations, and House and Senate Judiciary Committees, to explain what “compelling US foreign policy interest” would be compromised if Ahmed or others targeted with visa bans were to enter the US. But there’s no evidence Rubio took those steps, Ahmed alleged.
“The government has no power to punish Mr. Ahmed for his research, protected speech, and advocacy, and Defendants cannot evade those constitutional limitations by simply claiming that Mr. Ahmed’s presence or activities have ‘potentially serious adverse foreign policy consequences for the United States,’” a press release from his legal team said. “There is no credible argument for Mr. Ahmed’s immigration detention, away from his wife and young child.”
X lawsuit offers clues to Trump officials’ defense
To some critics, it looks like the Trump administration is going after CCDH in order to take up the fight that Musk already lost. In his lawsuit against CCDH, Musk’s X echoed US Senator Josh Hawley (R-Mo.) by suggesting that CCDH was a “foreign dark money group” that allowed “foreign interests” to attempt to “influence American democracy.” It seems likely that US officials will put forward similar arguments in their CCDH fight.
