Trump cannot deport students for criticizing Israel, federal judge rules

U.S. Department of Homeland Security for deploying immigration provisions to target noncitizens who expressed views the administration wanted to suppress, including criticism of Israel’s actions in Gaza and pro-Palestinian advocacy.

Federal Judge Strikes Down Statutes Used in Speech-Based Deportations

Wise, an appointee of former President Joe Biden, wrote in her ruling that freedom of speech belongs to the people and is not the government’s to take. The judge struck down portions of provisions followed by the federal government regarding deportations, citing First Amendment and Fifth Amendment free-speech and vagueness flaws.

Legal Challenge Brought by Student Newspaper and FIRE

The ruling stems from a lawsuit filed in August 2025 by FIRE | Foundation for Individual Rights and Expression on behalf of The Stanford Daily, the student newspaper at Stanford University. The newspaper argued that some of its international student writers and editors were afraid to speak out, refraining from covering pro-Palestinian student protests and Middle East topics because of the deportation threat.

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George Porteous, the editor-in-chief of The Stanford Daily, welcomed the outcome. The reporters in our newsroom shouldn’t have to fear that writing a story will result in their deportation. Conor Fitzpatrick, an attorney with FIRE, praised the decision, stating that free speech in America does not belong exclusively to people who say things the government agrees with.

Disputed Provisions of the Immigration and Nationality Act

Secretary of State Marco Rubio relied on two provisions of the Immigration and Nationality Act to target lawfully present noncitizens for their opinions. The first provision allows the secretary of state to initiate deportation proceedings against any noncitizen for protected speech if the secretary personally determines the speech compromises a compelling foreign policy interest. The second provision enables the secretary to revoke a visa at any time for any reason.

Photo: Al Jazeera

Rubio used these provisions to target foreign university students, beginning with the March 2025 arrest and visa revocation of Columbia University graduate Mahmoud Khalil, who served as a key negotiator for student groups. Officials also targeted Columbia student Moshen Mahdawi for pro-Palestinian speech and Tufts University student Rümeysa Öztürk for coauthoring an op-ed. Wise concluded that when a noncitizen’s speech is the reason behind a visa revocation and deportation determination, the government singles out that speech for disfavored treatment based on viewpoint or content.

Broader Context and Previous Rerun Rulings

Judge Wise’s decision marks the first time a court in the country has squarely ruled on the constitutionality of these specific statutes, which will likely reverberate in similar proceedings nationwide. Wise also pointed to administration retaliation against people critical of Charlie Kirk after the Turning Point USA co-founder was assassinated last September, warning that the downward spiral of government censorship could eventually target anyone in the United States expressing disfavored opinions.

Photo: FIRE | Foundation for Individual Rights and Expression

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District Judge William Young in Boston, who ruled that the administration violated the Constitution when it targeted noncitizens for deportation solely for supporting Palestinians and criticizing Israel. Representatives for the Justice Department, State Department, and Department of Homeland Security did not immediately respond to messages seeking comment on the ruling.