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Federal judge upholds rule requiring visa applicants to disclose social info
- paulddraper 3y agoPretty straightforward ruling. 1. First Amendment rights do not apply to foreign nationals. 2. There is no specific allegation of infringement to rights of citizens.
- tssva 3y ago> 1. First Amendment rights do not apply to foreign nationals. The court ruled they don't apply to foreign nationals prior to arrival in the United States. Once foreign nationals are in the United States first amendment rights do apply.
- seanhunter 3y agoThis ruling is about visa applications. A visa application is something you have to do prior to arrival in the US.
- tssva 3y agoOk, and your point is?
- deleted 3y ago[deleted]
- esalman 3y agoSo the state can ask for social media details when the applicant is filing the visa application overseas. Disclaimer I'm (or was) a foreign national myself. I would not have rights even at the port of entry, or within 100 miles of international border.
- refurb 3y agoI would not have rights even at the port of entry, or within 100 miles of international border. No, you would once admitted to the US.
- esalman 3y agoBorder patrol can actually detain someone if they are not able to determine valid visa status due to silly reasons such as not having internet connection. I know two people who were in the situation.
- refurb 3y agoIt's the law to carry documentation of immigration status on you, if not a US citizen. https://www.aclu.org/know-your-rights/border-zone#are-there-limitations-to-immigration-officials-power https://www.aclu.org/know-your-rights/border-zone#are-there-... If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship on their person if they are in the United States. If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you. If you are asked by an immigration agent to produce them, it is advisable to show the documents to the agent or you risk being arrested. If you are an immigrant without documents, you can decline the officer’s request. An agent may likely ask you more questions if you decline a request. No matter what category you fall into, never provide false documents to immigration officials.
- tssva 3y agoI asked what his point was because his comment really had no relevance to my comment which he was replying to. All my comment did was clarify that the original comment regarding foreign nationals having no first amendment rights was not accurate. I could have also pointed out that he was not fully correct because visa applications are also completed within the United States. The judge in the case even agreed that there were first amendment issues regarding those completing applications within the US but in the case of immigration deference should be given to immigration requirements.
- kyawzazaw 3y agothe OG bulletpoint was not accurately written though. I know we are provided context through this thread but it could have been much accurately written while still being concise.
- paulddraper 3y agoYou are correct. And application for visa falls into that category.
- AllegedAlec 3y ago> 1. First Amendment rights do not apply to foreign nationals. This seems in stark opposition to Jefferson's earlier writing. The rights laid out in your constitution are not granted by the constitution, but acknowledged in it.
- paulddraper 3y agoA. Jefferson said that government gains its power from the consent of the governed. There is some distinction make between the the governed and the not-governed. B. While there are inalienable rights, one must answer whether (temporary) immigration is one of those rights.
- AllegedAlec 3y agoNo, that's not how inalienable rights applicable to all people work.
- NoZebra120vClip 3y agoIt was not very long ago, when I understood that many prominent employers would demand credentials -- not just your username, but your password too -- for all your social media accounts, so they could comb through and find stuff on you as a job candidate, never mind if it were personal, private, family-related. I think they have relented on that sort of intrusion, but then again, I am sure that there are plenty of background check services that can easily penetrate and scrape most social media accounts for anything and everything a prospective employer (or stalker or abuser or LEO) would want to know, for a small price.
- nirav72 3y agoWait, was this actually common? I don’t think I’ve ever applied , got hired and was ever asked for my social media logins at half dozen places I’ve worked at since the early 2000s. Maybe it’s rare or I was just fortunate to never have worked for an employer that did that.
- GauntletWizard 3y agoCommon as in more probable than not? No. Common as in there was a good chance of it, especially for low-level positions (for some reason)? Yes, there are plenty of news articles from the beginning of the 2010s that talk about it.
- idontwantthis 3y agoI remember reading an article from an HR manager who had to do that. He had a woman begin emailing discrimination lawyers in his office because she knew he was about to find out she was pregnant from her Facebook.
- GoGo415 3y ago[dead]
- mito88 3y agoand if you don't have a facebook, twitter, instagram, or any social media account?
- sharts 3y agoNobody will believe it and you will be subjected to a cavity search of your butt.
- ProllyInfamous 3y agoRecently, I was required to sign an affadavit affirming that I do not use email. Would hackernews commentary accounts require disclosement?
- paulddraper 3y agoThen you would disclose that information. (Did the average age on HN go down recently?)
- deprecative 3y agoI believe the implication is that you wouldn't be believed. Did you hit your head? If so, you should get it checked out. No need to be overly snarky.
- sinuhe69 3y agoWhat if I give them my inactive account and I use my main account under a different (fake) name? The whole thing make no sense at all.
- kotaKat 3y ago"Then upon investigation we have found you have not been truthful regarding your disclosure of social media accounts. We're sorry, but your visa application is now rejected, and you're now banned from re-applying for a visa for several years." Lie and they find out and you're basically fucked. :')
- polski-g 3y agoIf you are eventually granted citizenship, it can be stripped for fraud.