Aletho News

Trump’s push to deport Pro-Palestinian activists faces court defeat

Al Mayadeen | August 29, 2026

A federal judge on Friday ruled that laws used by US President Donald Trump’s administration to revoke visas and pursue deportation proceedings against noncitizen college students over their pro-Palestinian advocacy and criticism of “Israel” are unconstitutional.

US District Judge Noel Wise in San Jose, California, sharply criticized the US State Department and US Department of Homeland Security for using provisions of federal immigration law to pursue deportation against noncitizens for expressing views the government sought to suppress.

The State Department and DHS did not immediately respond to requests for comment, according to Reuters.

Wise says free speech is central to democracy

Wise, an appointee of former Democratic President Joe Biden, said free speech in the United States, including the right to criticize the government and its leaders, demonstrated the strength of the country’s 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,” she said.

Case centered on campus pro-Palestinian advocacy

Wise’s ruling examined the Trump administration’s actions beginning in March 2025, when it started revoking visas and detaining noncitizens involved in pro-Palestinian advocacy on college campuses. The effort began with the arrest of Columbia University graduate Mahmoud Khalil, who is fighting separately to avoid deportation.

The arrests prompted a lawsuit filed in August 2025 by Stanford University’s student newspaper, The Stanford Daily. The newspaper reported that some of its writers who held student visas had stopped covering pro-Palestinian student demonstrations and issues connected to the wars in  West Asia because of the administration’s policies.

The newspaper’s attorneys argued that two provisions of the Immigration and Nationality Act used by the administration to revoke student visas and begin deportation proceedings violated the First and Fifth Amendments of the US Constitution when applied to constitutionally protected speech.

Judge finds viewpoint discrimination

The provisions permitted Secretary of State Marco Rubio to deem a noncitizen deportable if he personally concluded that the person’s actions “compromises a compelling foreign policy interest” and also gave him discretion to revoke a person’s visa.

Wise sided with the newspaper, finding that when a noncitizen’s speech is the basis for a visa revocation and deportation decision, “the government is singling out that speech for disfavored treatment based on its viewpoint or ⁠content.”

Conor Fitzpatrick, whose group Foundation for Individual Rights and Expression represented The Stanford Daily, said in a statement that the ruling “proves that free speech isn’t a privilege, but the inalienable right of every man, woman, and child.”

Ruling follows earlier decision against administration

The decision echoes a ruling last year by Boston-based US District Judge William Young, who likewise determined that the administration had violated the Constitution by pursuing a policy of revoking visas, arresting, detaining and deporting foreign students and faculty involved in pro-Palestinian advocacy.

Wise also warned that the administration appeared to be expanding its focus to people expressing other views it considered objectionable. She said that eventually the “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,” she wrote. “Here you can simultaneously hate the content of a person’s speech and love the country that cherishes the freedom to allow it.”

What do you need to know?

The ruling comes amid a sweeping Trump administration crackdown on pro-Palestinian advocacy and campus demonstrations at US universities, including threats to cut federal funding from institutions that permit what the administration termed “illegal protests,” investigations into dozens of universities over alleged failures to address antisemitism, and major funding withdrawals targeting schools such as Columbia University and Harvard.

The administration has also pursued international students and scholars involved in pro-Palestinian activism through visa revocations and deportation proceedings, including high-profile cases.

August 29, 2026 - Posted by aletho | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Full Spectrum Dominance | Human rights, Israel, Palestine, United States, Zionism