File Name: george f will an argument to be made about immigrant babies and citizenship .zip
- Birthright citizenship in the United States
- George Clinton, 4th Vice President (1805-1812)
- The Plague Year
- Immigration Reform Bill
Birthright citizenship in the United States
The Department of Homeland Security DHS is rapidly expanding its collection of social media information and using it to evaluate the security risks posed by foreign and American travelers. This year marks a major expansion. The visa applications vetted by DHS will include social media handles that the State Department is set to collect from some 15 million travelers per year.
See also Brennan Center for Justice et al. For more on DHS involvement in State Department visa vetting, see infra text accompanying notes Social media can provide a vast trove of information about individuals, including their personal preferences, political and religious views, physical and mental health, and the identity of their friends and family.
But it is susceptible to misinterpretation, and wholesale monitoring of social media creates serious risks to privacy and free speech. Moreover, despite the rush to implement these programs, there is scant evidence that they actually meet the goals for which they are deployed.
While officials regularly testify before Congress to highlight some of the ways in which DHS is using social media, they rarely give a full picture or discuss either the effectiveness of such programs or their risks. The extent to which DHS exploits social media information is buried in jargon-filled notices about changes to document storage systems that impart only the vaguest outlines of the underlying activities.
DHS is required to publish or update existing privacy impact assessments when developing or procuring any new program or system that will handle or collect personally identifiable information; for budget submissions to the Office of Management and Budget that affect personally identifiable information; with pilot tests that affect personally identifiable information; when developing program or system revisions that affect personally identifiable information; or when issuing a new or updated rulemaking that involves the collection, use, and maintenance of personally identifiable information.
Because revisions that affect personally identifiable information are common, DHS often issues multiple, updated privacy impact assessments for a single program or system.
SORNs, formal notices to the public published in the Federal Register, identify the purpose for which personally identifiable information is collected, what type of information is collected and from whom, how personally identifiable information is shared externally routine uses , and how to access and correct any personally identifiable information maintained by DHS.
Personal information gleaned from social media posts has been used to target dissent and subject religious and ethnic minorities to enhanced vetting and surveillance. Some DHS programs are targeted at travelers, both Americans and those from other countries. Muslims are particularly vulnerable to targeting.
According to a Pew survey which was followed by a similar survey in , more than a third of Muslim Americans who traveled by air reported that they had been singled out by airport security for their faith, suggesting a connection between being a devout Muslim and engaging in terrorism that has long been debunked.
A legal challenge to this practice is pending. Mueller, F. Brennan Center for Justice et al. See infra note and text accompanying notes The draft report, published by Foreign Policy , was produced at the request of the commissioner of U. If implemented, such a policy would affect hundreds of thousands of people. More generally, social media monitoring — like other forms of surveillance — will impact what people say online, leading to self-censorship of people applying for visas as well as their family members and friends.
The deleterious effect of surveillance on free speech has been well documented in empirical research; one recent study found that awareness or fear of government surveillance of the internet had a substantial chilling effect among both U. Muslims and broader U. See also Dawinder S. Even people who said they had nothing to hide were highly likely to self-censor online when they knew the government was watching. Similarly, in a survey of a representative sample of U. The authors later expanded their study to 41 countries and found that, for terms that users believed might get them in trouble with the U.
David Gray and Stephen E. Henderson Cambridge: Cambridge University Press, , Jones, U. A February DHS inspector general audit of these pilot programs found that the department had not measured their effectiveness, rendering them an inadequate basis on which to build broader initiatives.
In a letter to the inspector general sent in response to the investigation, which was included in the publicly available report, DHS personnel noted that CBP also conducted a pilot program, with another soon to be initiated as of December , but there is no publicly available information about either.
The difficulties faced by DHS personnel are hardly surprising; attempts to make judgments based on social media are inevitably plagued by problems of interpretation. FBI agents and even courts have erroneously interpreted tweets of rap lyrics as threatening messages. The Supreme Court reversed the conviction in United States v. Elonis , WL E. As the USCIS pilot programs demonstrate, interpretation is even harder when the language used is not English and the cultural context is unfamiliar.
One widely cited estimate is that there are about 7, living languages, of which 3, have a developed writing system. These numbers are based on the definition of language as opposed to dialect as a speech variety that is not mutually intelligible with other speech varieties.
See David M. Eberhard, Gary F. Simons, and Charles D. Fennig eds. The Department of State issues nonimmigrant visas to individuals from every country in the world annually. Nonverbal communications on social media pose yet another set of challenges.
As the Brennan Center and 34 other civil rights and civil liberties organizations pointed out in a May letter to the State Department:.
All of these difficulties, already substantial, are compounded when the process of reviewing posts is automated. Obviously, using simple keyword searches in an effort to identify threats would be useless because they would return an overwhelming number of results, many of them irrelevant.
Natural language processing, the tool used to judge the meaning of text, is not nearly accurate enough to do the job either. Studies show that the highest accuracy rate achieved by these tools is around 80 percent, with top-rated tools generally achieving 70—75 percent accuracy. In fact, accuracy itself is a somewhat slippery concept in these studies — it measures whether the tool came to the same conclusion that a human would have, but it does not take into account the possibility of human error or subjectivity.
Duarte, Llanso, and Loup, Mixed Messages? This means that 20—30 percent of posts analyzed through natural language processing would be misinterpreted. Algorithmic tone and sentiment analysis, which senior DHS officials have suggested is being used to analyze social media, is even less accurate. Accuracy plummets even further when the speech being analyzed is not standard English.
Indeed, even English speakers using nonstandard dialects or lingo may be misidentified by automated tools as speaking in a different language. But there is a risk that the proxies will bear little or no relationship to the task and that they will instead reflect stereotypes and assumptions.
The questioning of Muslim travelers about their religious practice as a means of judging the threat they pose shows that unfounded and biased assumptions are already entrenched at DHS. It would be easy enough to embed them in an algorithm. The consequences of allowing these types of programs to continue unchecked are too grave to ignore. In addition to responding to particular cases of abuse, Congress needs to fully address the risks of social media monitoring in immigration decisions.
This requires understanding the overall system by which DHS collects this type of information, how it is used, how it is shared with other agencies, and how it is retained — often for decades — in government databases. While the ways in which these DHS units use social media vary, our review identified eight common threads. People planning to travel to the United States are increasingly being asked to provide social media identifiers, such as their Twitter or Instagram handles, enabling the creation of a registry of their online postings.
In May , the State Department, as part of implementing the Muslim ban executive order, began requiring some categories of visa applicants — estimated at 65, applicants annually — to provide a list of the identifiers they had used on social media platforms within the previous five years. In March , the State Department started to ramp up its efforts, proposing a new rule that would collect social media identifiers from every visa applicant — i.
Social media data can also be collected via searches of electronic devices, which DHS carries out — often without suspicion of criminal activity — on both American and foreign travelers. The department claims the authority to undertake warrantless searches of these devices not just at points of entry but also in areas in the broad vicinity of the border.
Yule Kim, Protecting the U. In fiscal year , CBP searched the devices of 8, travelers. The fiscal year begins on October 1 of the prior year. So, for example, fiscal year ran from October 1, , to September 30, By fiscal year , this number had gone up to 30, — an increase of over three and a half times.
Unlike the direct collection of social media handles by DHS and the State Department, there is no assurance that an individual will be accurately connected to a social media profile. The difficulty of matching people to profiles was a major shortcoming of automated monitoring tested by the pilot programs discussed above.
When DHS checks the social media of someone trying to obtain permission to come to the United States or someone already at or near the border, it inevitably picks up information about people with whom they interact. With reasonable suspicion of criminal activity, ICE agents can download the entirety of her social media accounts and go through them later. McAleenan , WL D. The program also allows agents to proactively. Examining contacts and networks may make sense when pursuing someone who is suspected of wrongdoing.
But applying this technique to people who are simply seeking to travel opens the door to fishing expeditions for information that can easily be misinterpreted. Automated analytical tools used by DHS combine social media with other types of information to identify and map possible associations among people and organizations. According to reports from watchdog groups and the press, these systems are being used by ICE to identify individuals for deportation.
These data sets are also used by DHS to undertake broader trend, pattern, and predictive analyses, through a number of systems that are described in this paper. See also Joel B. Predd et al. While the privacy impact assessments for these systems often identify the sources of information used in these analyses, there is almost no publicly available information regarding what types of trends or patterns DHS is seeking to identify or how social media information fits into these types of analyses.
Publicly available documents do not indicate what type of information might be regarded as indicative of a national security risk, and it has been reported that at least some agents are uncertain about what type of information would be considered to be suggestive of a national security risk.
While agents obviously must have some flexibility to make judgments, the breadth of discretion combined with weak safeguards opens the door for discrimination based on political or religious views. These assessments are highly consequential because they determine who is allowed to enter the country and what level of questioning they are required to undergo.
But there is no publicly available information about the accuracy, effectiveness, or empirical basis of risk assessments. There is no publicly available information about these quarterly reviews, including whether they occur. This is particularly troubling because in other settings, such as the criminal justice system, risk assessments have been shown to disproportionately impact minorities.
PDF ; Lori D. Such social media checks are, however, performed only on select populations of asylum seekers and refugees.
George Clinton, 4th Vice President (1805-1812)
There are two words utterly absent from this defense of conservatism in in America: Donald Trump. In this dense volume, dedicated in many ways to the virtue of restraint, George F. Will does to the president what the president most fears: He ignores him. But it is also its weakness. For this account of conservatism fails to address why it has collapsed as a political force in America in the 21st century, or how the political party that Will has supported for most of his adult life has rejected it decisively in favor of strongman rule.
There are three moments in the yearlong catastrophe of the COVID pandemic when events might have turned out differently. Redfield had just received a report about an unexplained respiratory virus emerging in the city of Wuhan. The field of public health had long been haunted by the prospect of a widespread respiratory-illness outbreak like the influenza pandemic , so Redfield was concerned. Gao, when pressed, assured him that there was no evidence of human-to-human transmission. When Redfield learned that, among twenty-seven reported cases, there were several family clusters, he observed that it was unlikely that each person had been infected, simultaneously, by a caged civet cat or a raccoon dog. He offered to send a C. Redfield made a formal request to the Chinese government and assembled two dozen specialists, but no invitation arrived.
Other highlights include changes to asylum policies and increased aid to Central America to address root causes of migration. Major changes have also been proposed regarding on immigrant and nonimmigrant employment-related visas. For immigrant visas, the bill tries to balance the economic benefits of increased immigration with concerns for U. Key proposals include:. Increasing the number of employment-based green cards available each year from , to ,00 and adding left-over visas from FY through FY into the mix;. Eliminating numerical limitations for those whose immigrant visa petitions have been approved and who have been waiting to adjust status for more than 10 years;.
Some argue citizenship is not guaranteed by the Fourteenth Amendment to the children of illegal immigrants, but this interpretation has never been endorsed by.
The Plague Year
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is or was a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization. Birthright citizenship is guaranteed to most people born on U.
Immigration Reform Bill
Other highlights include changes to asylum policies and increased aid to Central America to address root causes of migration. Major changes have also been proposed regarding on immigrant and nonimmigrant employment-related visas. For immigrant visas, the bill tries to balance the economic benefits of increased immigration with concerns for U. Key proposals include:. Increasing the number of employment-based green cards available each year from , to ,00 and adding left-over visas from FY through FY into the mix;. Eliminating numerical limitations for those whose immigrant visa petitions have been approved and who have been waiting to adjust status for more than 10 years;. Creating a pilot program for regional economic development that would allow for an additional 10, immigrants per year based on localized economic development strategies; and.
The first national election occurred in Along with President Washington , voters elected a large number of supporters of the Constitution. In fact, almost half of the ninety-one members of the first Congress had helped to write or ratify the Constitution. Not surprisingly, given Anti-Federalists' opposition to the strong new central government, only eight opponents of the Constitution were sent to the House of Representatives. Most Anti-Federalists concentrated their efforts in state politics. An immediate issue that the new Congress took up was how to modify the Constitution. Representatives were responding to calls for amendments that had emerged as a chief issue during the ratification process.
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is or was a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization. Birthright citizenship is guaranteed to most people born on U. Sandford that denied US citizenship to African Americans, whether born in the United States or not, and whether a slave or a free person.