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Canadian citizens celebrating Charlie Kirk's death could be impacted by visa revocations, U.S. lawyer says

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A U.S. immigration lawyer says warnings about the revocation of visas of foreign visitors who celebrate the death of Charlie Kirk could have a “chilling effect” on Canadians entering or already in the U.S., though she said it’s unlikely anyone will be deported.

“America will not host foreigners who celebrate the death of our fellow citizens,” U.S. Secretary of State Marco Rubio said in a social media post on Monday. “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.”

“Rubio’s threat is aligned with the Trump administration’s overall messaging on immigration,” Rosanna Berardi, managing partner at Berardi Immigration Law in Buffalo, N.Y., told National Post.

“This isn’t the first time we have heard about the administration’s attempt to punish speech. Currently, the U.S. Department of State reviews all visa applicants’ social media handles for inflammatory speech. It appears this directive will now be extended to speech related to Charlie Kirk’s death.”

She added: “This directive would apply to Canadian citizens who are already in the U.S. as visitors, students or employees. It could also impact Canadians entering the U.S. at the various border crossings.”

Kirk, a 31-year-old political influencer, was fatally shot while speaking before thousands of students at Utah Valley University in Orem, Utah, on Sept. 10. A suspect, 22-year-old Tyler Robinson, was later arrested and faces seven charges, including aggravated murder.

Utah County Attorney Jeff Gray has said his office will be seeking the death penalty against Robinson.

Berardi noted that, while U.S. citizens have First Amendment rights protecting freedom of speech, “foreign nationals like Canadians have no guaranteed speech protections when seeking entry. This raises concerns that Canadians’ political expression, even if lawful at home, could jeopardize their ability to cross the border or remain in the U.S.”

However, she added: “It is unlikely that Canadians would be deported or refused admission for this speech. It’s important to remember that all foreign nationals in the U.S., even Canadians, are entitled to due process and a chance to challenge their removal.”

Rubio is not the first U.S. official to suggest a crackdown on those who are celebrating the event.

Deputy Secretary of State Christopher Landau said last week he had directed consular officials to “take appropriate action” against people “praising, rationalizing, or making light of” Kirk’s death. He instructed officials to monitor comments on social media to identify such individuals.

And JD Vance, the U.S. vice president, said people should report anyone celebrating Kirk’s death to their employer.

“By celebrating that murder, apologizing for it, and emphasizing not Charlie’s innocence but the fact that he said things some didn’t like — even to the point of lying about what he actually said — many of these people are creating an environment where things like this are inevitably going to happen,” Vance said while hosting Kirk’s podcast on Monday.

“So when you see someone celebrating Charlie’s murder, call them out,” he added. “And hell, call their employer.”

Several individuals in aviation, education, the media and elsewhere have lost their jobs or been suspended over social media posts about Kirk.

U.S. Transportation Secretary Sean Duffy confirmed that airlines had grounded pilots who he said were celebrating Kirk’s death. “This behavior is disgusting and they should be fired,” he said in a post on X.

He followed that with another post saying: “It is the right of every American to feel safe and free of political hate in our airspace,” and thanking American, United and Delta airlines for suspending employees who praised the killing, adding: “The next step should be to fire them.”

“If I were a Canadian working in the U.S., I wouldn’t be losing sleep over this one,” Berardi said. “The government has a lot of bigger fish to fry right now. They’re really getting aggressive in criminals, people here without authorization, that kind of thing.”

Still, she said, phone searches at the border remain an issue for travellers. While such searches are not new, she added, they have been ramped up recently, with a focus on social media posts against the current administration.

“Best practice is if there’s anything that might be deemed inflammatory, remove it.”

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