US court lets union lawsuit over AI social media surveillance proceed

A federal judge in the Southern District of New York denied the government's motion to dismiss on October 1, allowing a lawsuit by three labor unions to proceed.

The United Automobile Workers, Communications Workers of America, and American Federation of Teachers sued the Departments of State and Homeland Security in October 2025, alleging a program that uses AI and other automated tools to monitor the social media accounts of visa and green card holders and punish disfavored viewpoints violates the First Amendment.

Judge Alvin K. Hellerstein wrote that the credible threat of adverse immigration consequences is enough to deter noncitizens from expressing disfavored views, and that members' speech and association are the mechanism through which unions recruit, organize, and bargain.

The case now moves to the merits; no violation has been found. EFF represents the plaintiffs, so its account of the ruling reflects that side.