Judge rules Trump student deportation policy violates First Amendment
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A federal judge in California ruled Friday that the Trump administration's deportation of noncitizen students for protected political speech violates the U.S. Constitution. The ruling bars the government from deporting or revoking visas of the Stanford Daily student plaintiffs and an unnamed international student for speech related to the Israel-Gaza conflict. The decision could affect similar cases brought by other noncitizen students.
Key Facts
- Judge Noël Wise, a Biden appointee, ruled Friday that Secretary of State Marco Rubio violated the First and Fifth Amendment rights of the student plaintiffs.
- The ruling means the students may not have their visas revoked or be deported based on protected speech, according to the Foundation for Individual Rights and Expression.
- The Stanford Daily reported that international students quit, withheld articles, refused assignments, requested articles be taken down, and asked for anonymity for fear of deportation.
- The unnamed international student said she self-censored online and stopped all advocacy for Palestine, except for wearing watermelon earrings.
The Ruling
Judge Noël Wise of the U.S. District Court for the Northern District of California ruled Friday that the Trump administration's deportation policy for noncitizen students violates the First and Fifth Amendments. Wise, a Biden appointee, found that Secretary of State Marco Rubio had violated the students' rights as they relate to protected speech. The decision states that the students may not be deported or have their visas revoked for protected speech. The Foundation for Individual Rights and Expression, which represented the students, said the ruling could reverberate in similar cases brought by other noncitizen students.
Student Self-Censorship
The Stanford Daily said in the lawsuit that lawfully present international students quit, withheld articles, refused assignments, requested articles be taken down, and asked for anonymity for fear of deportation. Sources refused to speak on the record to student journalists and stopped submitting opinion pieces, according to the lawsuit. The unnamed international student said she self-censored online and had stopped all advocacy for Palestine, except for wearing watermelon earrings. Activists use watermelons as a symbol of solidarity with Palestine because they mirror the colors in the Palestinian flag.
Free Speech Implications
Judge Wise wrote in the decision, "In the United States, freedom of speech belongs to the people. It is not the government's to take." FIRE attorney Conor Fitzpatrick said in a statement, "Today's ruling proves that free speech isn't a privilege, but the inalienable right of every man, woman, and child." The lawsuit argued that the First Amendment cements America's promise that the government may not subject a speaker to disfavored treatment because those in power do not like his or her message.
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