Trump cannot deport students for criticizing Israel, judge rules
- A federal judge in California ruled Friday that the Trump administration's deportation policy targeting noncitizens for criticizing Israel's war in Gaza violates the First and Fifth Amendments.
- Judge Noël Wise struck down portions of federal deportation provisions, citing that freedom of speech is foundational to democracy and cannot be limited to government-approved views.
- The ruling supports The Stanford Daily, whose international student reporters had feared speaking out due to deportation threats, with some quitting or withholding articles.
- The judge noted the government's policy has created a chilling effect on college campuses, with noncitizens self-censoring to avoid visa revocation and deportation.
- The decision aligns with a Boston federal judge's ruling from nearly a year ago that found the Trump administration violated the Constitution by targeting noncitizens for deportation based solely on pro-Palestinian speech.
A federal judge in San Jose, California ruled Friday that the Trump administration's policy of deporting noncitizens for criticizing Israel's war in Gaza violates constitutional protections of free speech. Judge Noël Wise struck down portions of federal deportation provisions, finding that the government's approach unconstitutionally silences critics and violates both the First Amendment and Fifth Amendment.
The ruling supports The Stanford Daily, Stanford University's student newspaper, which brought the lawsuit through the Foundation for Individual Rights and Expression. International student reporters at the publication had feared speaking out due to threats of visa revocation and deportation, leading some to quit, withhold articles, or request anonymity. Judge Wise noted that noncitizens have the same First Amendment rights as citizens and should not be left guessing what U.S. foreign policy permits them to discuss.
The judge emphasized that freedom of speech is foundational to American democracy and cannot be limited to government-approved views. She wrote that the government's message—"speak out against Israel or in support of Palestinians and we will revoke your visa and deport you"—has created a chilling effect on college campuses, with noncitizen students self-censoring to avoid adverse immigration consequences. The decision aligns with a Boston federal judge's ruling from nearly a year ago that similarly found the Trump administration violated the Constitution by targeting noncitizens for deportation based on pro-Palestinian speech.
法官裁定特朗普政府不能因批评以色列而驱逐学生
加州圣何塞联邦法官周五裁定，特朗普政府因非公民批评以色列加沙战争而驱逐他们的政策违反了宪法言论自由保护。法官诺埃尔·怀斯撤销了联邦驱逐条款的部分内容，认定政府的做法违反宪法地压制批评者，违反了第一修正案和第五修正案。
该裁定支持斯坦福大学学生报纸《斯坦福日报》，该报通过个人权利和表达基金会提起诉讼。该出版物的国际学生记者因担心签证被撤销和被驱逐而害怕发声，导致一些人辞职、扣留文章或要求匿名。法官怀斯指出，非公民享有与公民相同的第一修正案权利，不应被迫猜测美国外交政策允许他们讨论什么。
法官强调言论自由是美国民主的基础，不能仅限于政府认可的观点。她写道，政府的信息——"批评以色列或支持巴勒斯坦人，我们将撤销你的签证并驱逐你"——在大学校园中产生了寒蝉效应，非公民学生为避免不利的移民后果而自我审查。该裁定与波士顿联邦法官近一年前的裁定一致，该裁定同样认定特朗普政府因非公民的亲巴勒斯坦言论而针对他们进行驱逐违反了宪法。