‘Extreme Vetting’ Also Threatens Privacy of Americans

The “extreme vetting” proposals floated this week by Homeland Security Secretary John Kelly include the idea of making visitors to the U.S. open their phones and disclose their contacts, passwords and social media handles to immigration authorities. This might potentially be constitutional, because visitors outside the U.S. don’t necessarily have privacy protection. But it’s a serious threat to Americans’ constitutional rights anyway. The intrusion into core privacy of visa applicants through the fiction of consent can easily be extended to U.S. citizens in a wide range of situations.

There’s a theoretical legal basis for the vetting proposals: because there’s no inherent legal or constitutional right for foreigners (other than lawful permanent residents) to visit the U.S., there’s nothing wrong with conditioning entry on disclosure of private information.

I’m not sure this argument holds water. It’s true that non-Americans outside the U.S. don’t always have constitutional rights. But it doesn’t necessarily follow that the government could impose every conceivable condition on their entry, without constitutional limits.

For example, could the government tell foreigners seeking visas that if they enter the U.S., they must agree to discriminate on the basis of race while here? Surely not — because the government would itself be discriminating through that condition. (Read more from “‘Extreme Vetting’ Also Threatens Privacy of Americans” HERE)

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