Watch what you post - Attorney advises asylum seekers on social media use

April 12, 2024

Prominent New York-based immigration attorney Mitchell Laird, has issued a warning to persons who have entered the USA illegally and are seeking asylum to keep a low profile so as not to undermine their case.

"Keep your head down; and you definitely do not want to be posting on TikTok or anything else like that, because the government is going to check your social media," said Laird. "It doesn't mean that you can't post on social media, but don't be a loud voice and go and gain a following ... don't go about posting about all the stuff that you are doing, and if you are in the US illegally, don't go posting about it. If you are in something that is questionable, don't go posting about it, because someone is going to complain, and immigration is going to find something to tag you on."

Laird was responding to queries from the news team after news broke that a popular social media personality, whose status in the USA is unclear, was facing various charges in one of the country's southern states. The individual, who is known to get into online squabbles, had previously spoken about crossing over into the country via its southern border with Mexico.

"We tell all our clients to shut down their accounts unless filing for asylum is related to what you are posting," continued Laird. "For example, if you are posting anti-gang-related activities and you are being targeted for it, then you, you wanna keep posting, as you would want immigration to see that. But in general, just keep a low profile because, before your asylum interview, they are going to look you up to see if there is something interesting about you online."

He also opined that it is harder to present a case if the asylum seeker has racked up a serious charge, including anything dealing with terrorism or 'terrorist threats'. Laird said that the latter "may sound like terrorism, but under most state laws it's just another form of harassment".

"Those southern states are pretty strict, and it is entirely possible that [the individual] could end up losing her case," said Laird.

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