A federal judge in California ruled Friday that the Trump administration’s efforts to deport international students for pro-Palestinian activism and criticism of Israel were unconstitutional. U.S. District Judge Noël Wise issued a 90-page ruling finding that the administration’s use of immigration law to revoke student visas violated First and Fifth Amendment protections. The judge stated that the freedom to criticize government leaders is a mark of strength in U.S. democracy rather than a sign of fragility.
The ruling follows a lawsuit filed last year by The Stanford Daily, an independent student newspaper at Stanford University, and two anonymous plaintiffs. The newspaper alleged that some of its writers residing in the U.S. on student visas stopped covering pro-Palestinian protests or Israeli military actions in Gaza due to fear of deportation. The complaint named Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, accusing them of violating constitutional rights through immigration enforcement operations.
The legal dispute centered on the Immigration and Nationality Act (INA), a 1952 law that allows the secretary of state to authorize an individual's deportation if they are determined to jeopardize "a compelling foreign policy interest." Judge Wise found that officials used provisions of this law to retaliate against non-citizens who opposed government stances. The court cited a January 2025 White House memo that warned "resident aliens" participating in protests that their visas would be canceled and they would be deported.
The ruling suggests that the First Amendment protects non-citizens from government retaliation in the form of deportation when that retaliation is triggered by lawful expression. The Trump administration has not yet indicated if it will appeal the decision to a higher court.
The Hill reached out to the State Department and DHS for comment, but responses were not reported at the time of publication. The editor-in-chief of The Stanford Daily, George Porteous, stated that the victory ensures reporters in their newsroom no longer have to fear deportation for writing stories. The Foundation for Individual Rights and Expression, which represented the newspaper, stated that the ruling proves that free speech isn't a privilege but an inalienable right.