The Constitution Protects Citizens AND Immigrants - Reject HR3859

As your constituent, I urge you to vote NO on H.R. 3859. This bill is an attack on free speech and due process that endangers immigrant neighbors and chills lawful protest—harms that affect every community. H.R. 3859 would make non-citizens—including lawful permanent residents and DACA recipients—deportable for “incitement” during unrest, for protest activity, or even for social media posts. It strips away relief, imposes mandatory detention, and triggers expedited removal during emergency declarations. Such measures invite punishment for speech and association and dismantle basic procedural protections. The Constitution protects persons, not just citizens. Courts have consistently held that non-citizens present in the United States are entitled to due process and equal protection under the Fifth and Fourteenth Amendments. Resident immigrants also enjoy freedom of speech and press, and the Supreme Court has been clear: advocacy may only be punished if it is intended and likely to produce imminent lawless action (Brandenburg v. Ohio). H.R. 3859 ignores these standards, lowering the bar for deportation and inviting government abuse. Public safety is not served by punishing speech. Decades of research show that immigrants—both documented and undocumented—commit crimes at lower rates than U.S.-born citizens. Communities with higher immigrant populations are not more dangerous; in fact, they are often stronger and safer. This bill diverts resources away from real public safety needs while scapegoating people whose contributions strengthen our economy and society. The “emergency” framework makes this bill especially dangerous. Mandatory enforcement, detention, and expedited removal could be triggered by national, state, or even local emergency declarations—times when accountability is already strained. Blocking access to asylum or other relief in those moments is not a safety measure but a direct assault on constitutional protections. H.R. 3859 would not make us safer. It would make millions of people—including long-term residents and family members of citizens—live in fear of deportation for lawful expression. That is unconstitutional, discriminatory, and corrosive to democracy. I urge you to reject H.R. 3859, defend due process and free speech, and ensure that the Constitution protects all of us equally.