What is the First Amendment in the US, and do immigrants have its protection?

The First Amendment of the United States Constitution protects several key freedoms: speech, religion, press, assembly, and the right to petition the government. It is one of the foundational elements of American democracy and applies to everyone within the United States, not just citizens.

However, its scope is not absolute—especially when national security laws are involved.

What does the First Amendment say?
The First Amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This means individuals in the US can express opinions, practice religion freely, gather in groups, and criticize the government without fear of punishment—within certain limits.

Are immigrants and visa holders protected?
Yes, in general, immigrants, including those on visas or with green cards, are protected under the First Amendment. US courts have repeatedly upheld that non-citizens inside the United States have constitutional rights, including freedom of speech.

However, these protections do not override US laws related to national security or support for terrorist organizations.

In a recent opinion piece, US Secretary of State Marc Rubio wrote:
“The Supreme Court has made clear for decades that visa holders or other aliens cannot use the First Amendment to shield otherwise impermissible actions taken to support designated foreign terrorist organizations like Hamas, Hizballah, or the Houthis, or violate other US laws. They will continue to face consequences – including visa denial, revocation, or deportation.”

This statement reflects long-standing legal interpretations: non-citizens cannot use free speech as a defense if they engage in activities that are prohibited by federal laws, especially those related to supporting groups that the US government has designated as terrorist organizations.

What are the legal limits?
Under US law, particularly the Antiterrorism and Effective Death Penalty Act of 1996, providing "material support" to designated foreign terrorist organizations is a federal crime. This includes not only financial or logistical support but also actions such as distributing propaganda, fundraising, or training.

Even speech-related activities can fall outside First Amendment protection if they are coordinated with or promote the interests of such organizations.

What can happen to immigrants who violate these laws?
If a visa holder or other non-citizen is found to have supported a terrorist group, the US government can take actions such as:

• Denying or revoking their visa
• Initiating deportation proceedings
• Barring future entry into the country

In such cases, First Amendment protections do not prevent immigration or criminal consequences.

While the First Amendment guarantees fundamental freedoms of speech and expression to everyone within the US, including immigrants, these rights are not absolute. When it comes to national security, particularly in cases involving support for terrorist organizations, the law takes precedence. Immigrants and visa holders may face serious consequences, such as visa denial, revocation, or deportation, if they engage in activities that violate US laws, even if those activities are related to free speech. Therefore, while constitutional protections are broad, they are balanced by the need to maintain national security.