this post was submitted on 26 Oct 2023
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I mentioned the concept rather than the constitutional amendment because they can be different.
I believe some of the legal protections do apply to visa applicants. For example, the government may not discriminate on the basis of religion as Trump attempted to do early in his presidency. It probably can refuse a visa for a history of social media posts indicating support for terrorism, and most people would probably find that justified.
What I wouldn't find justified is denying a visa for a history of criticizing US government policy, which could certainly fall under "derogatory comments".