A federal judge has declared unconstitutional the measures used by the Trump administration to revoke visas and pursue deportation against noncitizen college students for their pro-Palestinian advocacy and criticism of Israel.
U.S. District Judge Noel Wise issued a strong ruling criticizing the U.S. State Department and Department of Homeland Security for deploying federal immigration law provisions to target noncitizens based on their views, stating that such actions diminish the strength of American democracy.
"That strength is diminished when members of our society – citizens and noncitizens alike – must self-censor and 'behave' or suffer the government’s retaliation," Judge Wise wrote, emphasizing the importance of free speech, including criticism of the government.
The ruling stems from a lawsuit filed by The Stanford Daily, which alleged that its student writers practicing journalism on pro-Palestinian protests and Middle East conflict issues had been deterred by the administration's policies, which began in March 2025. The Trump administration had initiated visa revocations and detentions of noncitizens involved in pro-Palestinian advocacy on campuses, notably following the arrest of Columbia University graduate Mahmoud Khalil.
The newspaper's legal team argued that the administration's reliance on two provisions of the Immigration and Nationality Act violated the First and Fifth Amendments of the U.S. Constitution by targeting constitutionally protected speech. These laws permitted the Secretary of State to deem individuals deportable based on foreign policy interests and to revoke visas at his discretion.
Judge Wise concurred, stating that when speech is the basis for visa revocation and deportation, "the government is singling out that speech for disfavored treatment based on its viewpoint or content." This decision echoes a similar ruling last year by U.S. District Judge William Young in Boston. The judge expressed concern that such actions could extend to targeting individuals expressing any views the government dislikes, calling it a "downward spiral" that is antithetical to the U.S. Constitution's protection of free speech.
