Immigration Article of the Day: Interesting Intersections of Immigration and First Amendment Law by David L. Hudson Jr. &  Maximiliano Gluzman

Interesting Intersections of Immigration and First Amendment Law by David L. Hudson Jr. &  Maximiliano Gluzman, FIU Law Review, volume 19, issue 1, 2025 [10.25148/lawrev.19.1.7]

Abstract
This essay identifies four areas of immigration law in which pressing First Amendment claims play a prominent and dominant role. The first area involves denial of admission or deportation based on pure or symbolic speech. At various times, Congress has enacted grounds of inadmissibility and deportability that squarely fall within the purview of the First Amendment. The second area involves so-called retaliatory deportations, when the government initiates or accelerates removal proceedings against a noncitizen who is in violation of immigration laws allegedly for the non-citizen’s activism, protest activity, or other First Amendment speech or expressive conduct. The third area involves First Amendment-based challenges to a provision of federal immigration law that prohibits even the encouragement of illegal immigration – an issue that has reached the U.S. Supreme Court. The fourth area concerns immigration issues arising in the ability or lack thereof to participate meaningfully in the electoral process.