[dupe] Earlier: https://news.ycombinator.com/item?id=46823261
Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
31–40 of 95 posts
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#32Earlier quoted context omitted.
Overall you can have Global Entry revoked for almost anything; one of the clauses is “The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country.” which falls dramatically short of a crime or investigation. There are many reports of GE revocation for stuff like failure to declare fruits at checkpoints.
Expressing your first amendment right to protest is not “almost anything.” Historically, courts have taken very dim view of government retaliation for first-amendment protected activities.
It's trivial for the state to punish you and nearly impossible to assert your own rights. It is a very hard legal battle to get those rights acknowledged and upheld by the courts.
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#33This is a first amendment violation, right?
I mean, yes, because it's clearly intended to have a chilling effect on speech. But also Global Entry isn't really a thing, it's kind of just like a weird privilege some people can get ... because ... ??? It's just a fake-privilege thing. Taking it away doesn't actually prevent anyone from doing anything/going anywhere they would have anyways.
It's a privilege pretty much anyone can get if they have a clean record, pay the fee, and do the interview.
Taking it away can mean a much longer wait returning to the US. And while that certainly isn't an earth-shattering problem that is going to cost people their lives or general freedom, it is absolutely unconstitutional for the government to retaliate against someone for exercising their constitutional rights.
The idea that you can be so dismissive about that concept is a bit chilling, to be honest.
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#34This is a first amendment violation, right?
Almost certainly. The law should also be amended to require conviction or settlement, not merely investigation, to revoke someone’s PreCheck or Global Entry status.
Trusted Traveller programs are a privilege and not a constitutionally protected entitlement. They can be revoked at any time for any reason and you don't get your money back. What law are you talking about? Show us where in the Constitution it says you're entitled to cut in line at the airport.
We're now in the Find Out phase of "Let's fuck around with DHS and see if they take us off their club's VIP list".
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#35This is a first amendment violation, right?
Yes. So are raiding a WaPo journalist’s home, arresting observers / recorders of ICE activity, threatening to arrest teachers for speech, forcing the Ten Commandments into classrooms, or shooting a civilian who is legally carrying a firearm at a protest, etc. These are all positions of Trump or key members of his administration.
It’s clear the constitution is something in their way, not something they respect. By violating it a little bit each day, it’ll lose meaning and half the country will be primed to replace it.
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#36> You can lose Global Entry for complaining about a customs officer. Putting an apple from your flight in your bag, and then not declaring it can cost you your Global Entry. So can attempting a coup against the United States. So, too, now it seems just for protesting against government policy. This is incredibly scary and violating. It’s not in line with due process and our societal values. But I also wonder if the r…
> It’s not in line with [...] our societal values.
The scary thing is that I think it is in line with the social values of a disturbingly sizeable, growing group of Americans.
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#37Reminder that the most reliable way to prevent the rise of the far right is to implement robust safety nets and low inequality, to reduce status anxiety and grievance.
Reliable, now that’s a funny claim.
Reminder the rise of the far right was pushed by wealthy who wanted to get wealthier. There was no grassroots movement of status anxiety or grievance.
We had safety nets, they were no defense against the right.
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#38Earlier quoted context omitted.
Overall you can have Global Entry revoked for almost anything; one of the clauses is “The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country.” which falls dramatically short of a crime or investigation. There are many reports of GE revocation for stuff like failure to declare fruits at checkpoints.
How is attending a protest a potential violation of customs regulations? This doesn't track.
The argument, if there is one, would probably be that following ICE was a violation of an immigration procedure (note that the person who had their GE revoked doesn’t claim they attended a protest, but rather that they were following ICE and got their picture taken). Given what I’ve seen of GE revocations historically, though, it’s equally likely to have been something like “you lived with a felon” or “unpaid traffic ticket became a warrant” or “family member was accused but never convicted of an obscure crime.”
There’s always been a pretty clear mantra that GE is a privilege not a right and that it’s always been an arbitrary and capricious system.
In some ways I think maintaining GE is probably as hard or harder than maintaining a low level (ie Secret) security clearance; it seems to be based on similar databases and discretion with less transparency, human touch, or opportunity to appeal.
They are at least (according to the 9th circuit) supposed to disclose why the GE was revoked though: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/22/2...
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#39This is a first amendment violation, right?
[flagged]
Re: Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked
#40Earlier quoted context omitted.
Is DHS’s usage against the stated purpose of the biometrics collection? Was there even a stated purpose?
The stated purpose for biometrics and photos with PreCheck and Global Entry is to identify you, so it’s not likely against its stated purpose to use it for identification, per-se. Now using it to target protesters? Meh.
Identify you when though? Important question I guess