U.S. Revokes Visas For Six Foreigners For Anti-Charlie Kirk Social Posts
The U.S. State Department has revoked the visas of at least six foreign nationals accused of celebrating the assassination of conservative activist Charlie Kirk.
The State Department posted screenshots Tuesday of social media comments by individuals from Argentina, Germany, and Brazil, saying those who “wish death on Americans” are “not welcome” in the U.S.
The posts included “when fascists die, democrats don’t complain,” while another said he “devoted his entire life spreading racist, xenophobic, misogynistic rhetoric” and alluded to him being in hell.
Officials did not name the visa holders or specify their visa types. The move comes as the Trump administration uses the broad authority courts have long given the executive branch to deport visa holders — a gray area where First Amendment protections are unclear.
LOOKING AT THE LAW
The move — announced as President Trump awarded Kirk a posthumous Medal of Freedom — comes amid growing scrutiny over free speech following Kirk’s killing. That has included the temporary suspension of Jimmy Kimmel’s show and private companies firing some workers because of their public comments.
Back to the visa issue: The same comments made about Kirk, if expressed by an American citizen, would not constitute grounds for arrest — but for foreign nationals, they can lead to deportation.
Last month, Secretary of State Marco Rubio said: “If you are here on a visa and cheering on the public assassination of a political figure, prepare to be deported. You are not welcome in this country.”
LOOKING AT THE LEGAL
All people in the U.S. — from citizens to undocumented immigrants — have historically been protected by the First Amendment’s five freedoms: religion, speech, press, assembly, and petition.
The constitution doesn’t refer to “citizens” but simply “people.” Former conservative Supreme Court Justice Antonin Scalia said in a 2014 interview, “I think anybody who’s present in the United States has protections under the United States Constitution.”
At the same time, courts have also ruled that these rights can be limited if the government deems speech to pose a national security or immigration risk.
The State Department has wide discretion in visa issuance and revocation, and has recently canceled visas for individuals accused of promoting hate speech, inciting violence, or supporting terrorist organizations. Some of those cases have faced legal challenges.
The State Department has also expanded social media vetting for visa holders, and the U.S. has revoked thousands of student visas since Trump took office.
Critics argue this creates a chill on free speech for non-citizens, since the government can revoke visas based on subjective standards of what it considers “unacceptable,” raising concerns about selective enforcement and political bias.