American-Arab Anti-Discrimination Committee v. Reno

This case involved the attempted deportation of two permanent residents on the grounds that they were members of terrorist organizations. The non-citizens challenged the deportation on the grounds that it violated the First Amendment.

The decision below (from the 9th Circuit) was eventually vacated on other grounds by the US Supreme Court, so it does not stand as a precedent. But it does illustrate the kind of reasoning that might be used to challenge a deportation ground on a First Amendment basis. In considering the excerpt, consider how the appeals court distinguishes this case from other plenary power cases.

Note that the current statute continues to provide for deportation for activity that would clearly be protected under the First Amendment in any other context. Section 237(a)(4)(B) incorporates by reference the terrorism grounds of inadmissibility under 212(a)(3)(B), including grounds related to mere membership in a terrorist organization [(a)(3)(B)(V)] and for espousing or endorsing terrorist activity [(a)(3)(B)(VII)].