3 ms·

https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-3 https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-... Form DS-160, the Nonimmigrant Visa

https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-3 https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-... Form DS-160, the Nonimmigrant Visa Application used by people applying to enter the U.S. on a temporary (non-immigrant) basis—like tourists, students, or business travelers asks the following question "Are you or have you ever been a member of a Communist or other totalitarian party?" These sorts of questions have been upheld as constitutional in the past by the United States Supreme Court Harisiades v. Shaughnessy (1952): The Court upheld the government's authority to deport legal residents who had been members of the Communist Party, ruling that such deportations did not violate the First or Fifth Amendments. Kleindienst v. Mandel (1972): The Court affirmed the executive branch's broad discretion in denying visas, even when such denials impact First Amendment interests of U.S. citizens.

lostmsu 1y ago
As a person who decided to join such a party of own volition, answered "yes" to that question in that form, and had to submit an accompanying statement, then proceeded to get US citizenship, I believe this particular bit is a violation of the first amendment, and would love the Supreme Court to struck it down. It violates the letter of the law, and probably the intent too. For all we know had the idea of communism existed in the late 18th century some founding fathers could have subscribed to it.
- nojvek 1y ago
  Supreme Court is a joke. It’s majority staffed with conservative hard liners with life long terms. So much for separation of powers.