Harvard Law professor emeritus Alan Dershowitz said Thursday on Newsmax that the U.S. government has a constitutional obligation to balance individual privacy rights with national security needs as it evaluates who may enter and remain in the country.
Dershowitz added that while green card holders and visa holders are entitled to some constitutional protections, the U.S. government maintains broad authority to determine who can stay in the country.
Speaking on "American Agenda," Dershowitz responded to questions about free speech protections for noncitizens following new federal guidelines that allow immigration officials to consider social media antisemitic activity grounds for denying immigration benefits.
"Well, there's a difference between green card holders, visa holders, and full American citizens," Dershowitz said. "Green card holders are entitled to free speech, but they're not entitled to stay in the country unconditionally.
"For example, you could condition a green card on a person being willing to have their social monitored. That would probably be constitutional."
Dershowitz said the debate is less about speech and more about privacy.
"You have to strike an appropriate balance between the legitimate need of the government to check on who's in the country and to make sure that they're not planning to engage in violence against American citizens, against rights of privacy," he said.
"This is more about privacy than it is about free speech," he added.
His comments follow a new directive from U.S. Citizenship and Immigration Services issued Wednesday, which allows antisemitic conduct — online or in-person — to be considered when processing requests for immigration benefits, including lawful permanent residency and student visas.
Dershowitz predicted the courts would ultimately rule that the president has broad discretion over immigration enforcement but with some constitutional constraints.
"The Supreme Court's going to split the difference," he said. "It's going to rule that the president has the complete authority to decide who stays in the country and who doesn't, but he has to do it consistent with due process and the First Amendment. So we're going to see a lot of court cases. We're going to see them decided very differently" by different lower courts.
Calling it a "novel challenge to various constitutional rights," Dershowitz said the legal battles would stem from concerns about violence, riots, and antisemitic demonstrations.
"We've seen it in the past where we have to strike the appropriate balance," he said.
When asked whether protecting Americans should outweigh the rights of foreign nationals, Dershowitz agreed.
"I think that the priority has to be in favor of Americans," he said. "When you have to strike a balance, you strike in favor of Americans. And you strike it against people who are guests in the country."
He added that the legal status of green card holders is unique but subject to change.
"The law can change. You can deny the concept of green card holding and just give visas, and visas can be revoked almost automatically," he said.
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
© 2025 Newsmax. All rights reserved.