“In general, a foreign national is neither excludable nor deportable “because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.” But the INA makes an exception when “the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.” The only statutory requirement to invoke that exception is that the secretary of state “has reasonable ground to believe” that someone’s “presence or activities” would “have potentially serious adverse foreign policy consequences for the United States.””
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“Giving “a single government official sweeping and nearly unchecked power to pick and choose individuals to deport based on beliefs alone, without alleging a single crime, crosses a line that should never be crossed in a free society,” Creeley said. “The only ‘crime’ the government has offered [is] that Mahmoud Khalil expressed a disfavored political opinion. If that’s a crime in America, every single one of us is guilty.””