Judge Rules the Trump Admin Can’t Deport International Students for Free Speech

This article was originally published in Common Dreams under Creative Commons 3.0 license. Read the original article. Contact: editor@commondreams.org

By Olivia Rosane

The Trump administration violated the Constitution when it moved to deport or rescind visas from international students who spoke up for Palestinian rights and criticized Israel’s genocide in Gaza, a federal judge ruled on Friday.

Northern District of California Judge Noël Wise, who was appointed by former President Joe Biden, said that the administration’s actions violated both the First Amendment of the Constitution protecting free speech and the Fifth Amendment ensuring due process.

“Stated plainly, in the United States, freedom of speech belongs to the people. It is not the government’s to take,” Wise wrote.

Mahmoud Khalil, a Columbia University student who was detained by Immigration and Customs Enforcement early in the second Trump administration despite holding a green card, celebrated the ruling on Saturday.

See also: ‘Sadism’: Trump DHS Boasts of Deportation Flight to Haiti in ‘Propaganda’ Video

“A federal judge just ruled that the Trump admin’s use of immigration law to deport me and other noncitizen students for pro-Palestinian speech is unconstitutional. No one should fear speaking up for Palestine,” Khalil wrote on social media.

The Council on American-Islamic Relations also welcomed the decision in a statement on Saturday:

The lawsuit was brought by the Foundation for Individual Rights and Expression (FIRE) in August 2025 on behalf of The Stanford Daily, Stanford University’s student newspaper, and an anonymous female plaintiff. The newspaper argued that student reporters on visas refrained from covering pro-Palestinian protests on campus out of fear of being deported, while the Jane Doe was a noncitizen who had spoken out on behalf of Palestine and now was worried about government retaliation.

“The reporters in our newsroom shouldn’t have to fear that writing a story will result in their deportation. Today’s victory means they won’t have to,” the paper’s editor-in-chief George Porteous wrote on social media on Friday.

In particular, the lawsuit challenged two provisions of the Immigration and Nationality Act that Secretary of State Marco Rubio used to justify seeking the deportations of Khalil, Columbia student Moshen Mahdawi, and Tufts University student Rümeysa Öztürk. The first allows the secretary of state to deport a noncitizen for speech if the secretary “personally determines” the speech “compromises a compelling foreign policy interest.” The second allows the secretary to revoke visas entirely at their own discretion.

See also: New Trump Asylum Rule Would Send Hundreds of Thousands of Applicants Straight to Deportation Proceedings

Wise agreed that the provisions violated the Constitution and offered a rousing defense of free speech.

“In the United States, free speech, including the freedom to criticize the government and its leaders, is not a sign of our democracy’s fragility. It is evidence of its strength,” she wrote. “That strength is diminished when members of our society—citizens and noncitizens alike—must self-censor and ‘behave’ or suffer the government’s retaliation.”

FIRE said the decision was the “first in the country to squarely rule on the constitutionality of these statutes” and that it would “reverberate in similar proceedings around the country.”

“In America, free speech doesn’t just belong to the people who say things the government agrees with,” FIRE attorney Conor Fitzpatrick said in a statement Friday. “Today’s ruling proves that free speech isn’t a privilege, but the inalienable right of every man, woman, and child.”

[KS]

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