A federal judge barred the Trump administration from using visa revocations and deportation threats against noncitizen students for protected campus speech.
Why it matters: The order narrows how the government can use immigration enforcement against noncitizen students in this case. It specifically targets tactics the plaintiffs said chilled criticism of Israel and support for Palestinians on campus.
- U.S. District Judge Noël Wise issued the order Aug. 28 in San Jose.
- The case was brought by The Stanford Daily and other plaintiffs.
- Wise said the challenged tactics violated the First Amendment and Fifth Amendment.
- The ruling follows earlier litigation in Boston over similar targeting of noncitizens for pro-Palestinian advocacy.
U.S. District Judge Noël Wise of the Northern District of California issued a court order on Aug. 28 in San Jose that barred the government from using certain immigration enforcement tactics against noncitizen students based on campus political speech. The case was brought by The Stanford Daily and other plaintiffs.
The order addresses visa revocations and deportation threats tied to speech criticizing Israel or supporting Palestinians. Reuters reported that Wise found the laws used to cancel visas and begin deportation proceedings against noncitizen college students over pro-Palestinian advocacy and criticism of Israel were unconstitutional. Reuters' report on the ruling said the decision stops the challenged practices in the case before the court.
Wise said the tactics violated the First Amendment and Fifth Amendment. In her opinion, she wrote, “Freedom of speech is illusory if we are only ‘free’ to express complementary views about the government and its leaders.”
The judge also said the government's approach could chill speech on campus. She wrote that noncitizen students heard, “speak out against Israel or in support of Palestinians and we will revoke your visa and deport you. Behave.”
The Stanford Daily said its reporters feared deportation if they covered controversial topics. Editor-in-chief George Porteous later called the ruling a victory for the Constitution and student newsrooms. The Justice Department did not immediately respond to AP's request for comment after the decision.
The case is separate from earlier litigation in Boston that also challenged government targeting of noncitizens over pro-Palestinian advocacy.
Yes, but: The order applies to the specific tactics and claims in this case; it is not a broad nationwide ruling on all immigration enforcement or campus speech.