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if a US visa or green card is a “privilege” whose revocation constitutes foreign-policy discretion rather than punishment and so is not subject to protection on first-amendment grounds, couldn’t an identical case be made with respect to passports for US citizens?
@interfluidity A very good question (derogatory).
I think this administration’s [sic] wildly expansive reading of “foreign policy” is long overdue for a deeper interrogation.
The legislative intent (especially in the INA clauses they’re relying on) was specifically about making diplomatic relations more difficult and/or directly impacting policies and treaties outside the country, and *not* “in some way touches anything foreign”.
Which passports definitionally do.
@interfluidity Incoming genius strategy of “you need a passport to vote but only in red states and also a passport is meaningless”