His lawsuit states, “Mr. Ahmed studies and engages in civil discussion about the content moderation policies of major social media companies in the United States, the United Kingdom, and the European Union.” “His speech has no impact on foreign policy.”
In his complaint, Ahmed alleged that Rubio has yet to provide any evidence that Ahmed is such a significant threat that he should be removed. They argued that “applicable statutes clearly prohibit removal based on a noncitizen’s ‘past, present, or expected beliefs, statements, or associations.'”
According to 2021 DHS guidance cited in the lawsuit, “A non-citizen’s exercise of his First Amendment rights… should never be a factor in deciding whether to take an enforcement action.”
To prevent deportation based on approach alone, Rubio had to notify the chairmen of the House Foreign Affairs, Senate Foreign Relations, and House and Senate Judiciary committees, explaining that “compelling US foreign policy interests” would be compromised if Ahmed or others targeted with the visa ban were to enter the US. Ahmed alleged, but has no evidence, that Rubio took these steps.
“The Government has no power to punish Mr. Ahmed for his research, protected speech, and advocacy, and defendants cannot avoid those constitutional limits 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 keeping Mr. Ahmed in immigration detention away from his wife and young child.”
X lawsuit provides clues to Trump officials’ defense
To some critics, it seems the Trump administration is going after CCDH to pick up the battle Musk has already lost. In their lawsuit against CCDH, Musk’s exes echoed U.S. Senator Josh Hawley (R-Mo.) in suggesting that CCDH was an “offshore 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.
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