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A legislative initiative, reportedly promoted by Republican Congressman Brian Mast, chairman of the House Foreign Affairs Committee, could grant Secretary of State Marco Rubio the authority to revoke or deny passports to U.S. citizens.
The proposal, which will be discussed this week in Congress, is part of a package for a reorganization of the State Department and has generated strong criticism from civil rights advocacy organizations, such as the ACLU and the Freedom of the Press Foundation, according to The Intercept.
According to these entities, the language of the project is vague and would allow for discretionary application that could affect the right to freedom of expression, although the text of the initiative H. R. 5300 specifies that it cannot be interpreted to restrict the rights protected by the First Amendment.
The legislation would include a provision that would allow the denial or revocation of passports for American citizens accused— even without a conviction— of providing "material support" to organizations designated as terrorists by the Department of State.
In this context, authority would rest with the Secretary of State, without the need to present evidence before a court or guarantee a prior judicial process.
According to The Intercept, this provision adds to measures already implemented by Rubio since taking office, such as the cancellation of visas for foreign citizens for expressing critical opinions against Israel.
One of the most talked-about cases is that of Turkish student Rümeysa Öztürk, whose visa was revoked after she published an opinion piece in a university newspaper.
Seth Stern, director of the Freedom of the Press Foundation, warned that the initiative could lead to a "thought police" managed by a single official, which would pose a serious threat to journalists, activists, and critics of U.S. foreign policy.
The ACLU, for its part, warned that this regulation would allow for punishing individuals without the need for them to have committed a crime or been convicted.
Although the project includes an appeals mechanism before the Secretary of State within a period of 60 days, legal experts indicate that this recourse would be insufficient as it lacks basic procedural guarantees.
Clarification of the wording:Esta nota salió publicada originalmente sin que el texto de la iniciativa H. R. 5300 apareciera publicado en el portal del Congreso (congress.gov) y citando como única fuente a The Intercept. Imprecisiones y matices erróneos en la nota han sido subsanados una vez se tuvo acceso a la iniciativa legislativa presentada por el representante Brian Mast.
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