{"id":269562,"date":"2026-08-29T23:26:08","date_gmt":"2026-08-29T23:26:08","guid":{"rendered":"https:\/\/www.europesays.com\/iran\/269562\/"},"modified":"2026-08-29T23:26:08","modified_gmt":"2026-08-29T23:26:08","slug":"federal-judge-says-us-cannot-deport-noncitizen-students-who-criticize-israel","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/iran\/269562\/","title":{"rendered":"Federal judge says US cannot deport noncitizen students who criticize Israel"},"content":{"rendered":"

A federal judge in the Northern District of California<\/a> has ruled against the Trump administration\u2019s policy of deportation when it comes to revoking the visas of and deporting non-citizens who protest Israel in support of Gaza<\/a>.<\/p>\n

Biden-appointed U.S. District Judge Noel Wise agreed with the Stanford Daily\u00a0newspaper\u00a0in its lawsuit challenging the Trump administration\u2019s policy of seeking to revoke the visas of<\/a> and deport student protestors it deemed as pro-Hamas.<\/a> The newspaper challenged the administration in court<\/a> in August 2025 after it said its opinion writers have \u201cself-censored because of their rational concern about the ongoing danger of deportation for expression\u201d of what the administration could deem \u201canti-Israel\u201d viewpoints.<\/p>\n

Wise ruled that the administration\u2019s policy of using the Immigration and Nationality Act to deport non-citizens and revoke their visas based on protected speech violated the First and Fifth Amendments. She wrote in her 90-page opinion that the freedom of speech, \u201cincluding the freedom to criticize the government and its leaders,\u201d is \u201cevidence of [democracy\u2019s] strength.\u201d<\/p>\n

\u201cThat strength is diminished when members of our society\u2014citizens and noncitizens alike\u2014must self-censor and \u2018behave\u2019 or suffer the government\u2019s retaliation,\u201d Wise wrote, pointing to recent flashpoints of free speech debates over anti-Israel speech, reactions to the assassination of Charlie Kirk, and rhetoric over the Iran war peace deal.<\/p>\n

\u201cTomorrow, or perhaps even today, targets may include anyone in the United States who exercises their freedom of speech to simply express opinions the government does not like. This downward spiral is antithetical to our Constitution that recognizes our right to speak freely. Here you can simultaneously hate the content of a person\u2019s speech and love the country that cherishes the freedom to allow it,\u201d Wise wrote<\/a>.<\/p>\n

Since the first year of the second Trump administration, Secretary of State Marco Rubio has been vocal in saying<\/a> that \u201cno one has a right to a student visa,\u201d especially in light of the arrest of pro-Gaza\u00a0activist Mahmoud Khalil, who faces a final order of removal<\/a>.<\/p>\n

State Department spokeswoman Tammy Bruce said during a press conference on the topic of visa revocations in 2025<\/a> that the Department \u201cspecifically revokes visas every day in order to secure America\u2019s borders.\u201d<\/p>\n

In a statement to the Washington Examiner, a State Department spokesperson said the department does not comment on pending or ongoing litigation.<\/p>\n

\u201cMore broadly, the Department of State is committed to protecting our nation and its citizens by upholding the highest standards of national security and public safety through our visa process,\u201d the State Department spokesperson\u00a0said. \u201cA visa\u00a0is\u00a0a\u00a0privilege, not\u00a0a right. The United States\u00a0is\u00a0under no obligation to\u00a0admit or suffer the presence of individuals who subvert our laws\u00a0and deny our citizens their Constitutional\u00a0rights.\u201d<\/p>\n

WHAT THE DATA CENTER BACKLASH HAS IN COMMON WITH \u2018FREE PALESTINE\u2019<\/a><\/p>\n

The Washington Examiner has reached out to the Department of Homeland Security for comment on Wise\u2019s ruling.<\/p>\n

The Editor-in-Chief of the Stanford Daily celebrated the ruling, writing<\/a> on X, \u201cThe reporters in our newsroom shouldn\u2019t have to fear that writing a story will result in their deportation. Today\u2019s victory means they won\u2019t have to.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A federal judge in the Northern District of California has ruled against the Trump administration\u2019s policy of deportation…\n","protected":false},"author":2,"featured_media":269563,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[33],"tags":[21605,4304,496,22998,37,4248,2253,39715],"class_list":["post-269562","post","type-post","status-publish","format-standard","has-post-thumbnail","category-israel","tag-colleges-and-universities","tag-deportation","tag-gaza","tag-immigrants","tag-israel","tag-justice","tag-palestinians","tag-pro-israel"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@iran\/117181388067667488","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/posts\/269562","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/comments?post=269562"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/posts\/269562\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/media\/269563"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/media?parent=269562"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/categories?post=269562"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/iran\/wp-json\/wp\/v2\/tags?post=269562"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}