A federal judge ruled Friday that the Trump administration cannot deport international students for criticizing Israel, finding the practice unconstitutional. Judge Noël Wise of California delivered a victory for the student newspaper at Stanford University, which reported some international students feared speaking out due to the threat of deportation. The ruling cites First Amendment protections and finds that the government was unconstitutionally silencing critics of Israel and others as part of its effort to deport noncitizens accused of disrupting college campuses.
The judge found flaws in the provisions the federal government follows regarding deportations, specifically citing free speech and vagueness violations. Judge Wise noted that U.S. immigration authorities retaliated in March 2025 against individuals expressing support for Palestinians and criticizing Israel’s actions, actions some experts, including those commissioned by a U.N. body, have described as genocide. She also referenced retaliation against critics of Charlie Kirk following his assassination last September, warning that the government's actions could extend to anyone expressing unpopular opinions.
The decision echoes a similar ruling from a U.S. district judge in Boston nearly a year ago, which found the Trump administration violated the Constitution by targeting individuals for deportation based solely on their support for Palestinians and criticism of Israel. Wise stated that freedoms of speech and the press are “foundational to America’s enduring democracy.” Conor Fitzpatrick, an attorney with the Foundation for Individual Rights and Expression, which brought the lawsuit, praised the ruling, stating, “In America, free speech doesn’t just belong to the people who say things the government agrees with.” The Justice Department did not respond to a message seeking comment on the decision. The ruling leaves open the question of how aggressively the Biden administration will pursue similar deportation cases, given the legal precedent now established.
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