Warnings from U.S. officials regarding the potential revocation of visas for foreign visitors who celebrate the death of political influencer Charlie Kirk have raised concerns among Canadians. Immigration lawyer Rosanna Berardi stated that these warnings could create a "chilling effect" on Canadians entering or currently in the United States. However, she noted that it is unlikely anyone would face deportation.
U.S. Secretary of State Marco Rubio made a statement on social media, saying, "America will not host foreigners who celebrate the death of our fellow citizens. Visa revocations are under way. If you are here on a visa and cheering on the public assassination of a political figure, prepare to be deported."
Berardi, managing partner at Berardi Immigration Law in Buffalo, New York, commented on the administration's approach to immigration, saying, "This isn’t the first time we have heard about the administration’s attempt to punish speech." She explained that the U.S. Department of State reviews the social media accounts of visa applicants for inflammatory content, and this scrutiny may now extend to comments related to Kirk's death.
Kirk, 31, was shot and killed on September 10 while speaking at Utah Valley University. A suspect, 22-year-old Tyler Robinson, has been arrested and faces multiple charges, including aggravated murder. Utah County Attorney Jeff Gray has indicated that his office will seek the death penalty against Robinson.
Berardi emphasized that while U.S. citizens enjoy First Amendment protections, foreign nationals, including Canadians, do not have guaranteed speech protections when seeking entry into the U.S. She expressed concern that lawful political expression in Canada could jeopardize a Canadian's ability to enter or remain in the U.S. Nevertheless, she reassured that all foreign nationals are entitled to due process and can challenge any removal actions.
Dr. Stewart Prest, a politics lecturer at the University of British Columbia, cautioned that Canadians in the U.S. should take these warnings seriously. He noted that the U.S. has shifted towards a more stringent visa-granting process that includes checking social media and online presence as part of the vetting process. He stated, "If there are any interactions between Canadians and U.S. officials when Canadians are in the United States, it’s possible that their social media will be part of the scrutiny applied during that process."
Prest also highlighted the potential implications for free speech, suggesting that discussing topics related to Kirk could become more complicated for Canadians in the U.S. He remarked, "There are all kinds of possibilities where these rules might be overzealously applied or inappropriately applied."
Rubio's comments are not isolated; Deputy Secretary of State Christopher Landau previously directed consular officials to take action against individuals who praise or make light of Kirk's death. He instructed officials to monitor social media for such comments. Additionally, U.S. Vice President JD Vance urged people to report anyone celebrating Kirk's death to their employers.