Federal judge blocks Trump administration's deportation threat for protected speech

In a ruling issued Friday, U.S. District Judge Noël Wise declared that the Trump administration's use of two Immigration and Nationality Act provisions to initiate deportation and visa revocation against legal noncitizens for protected speech breaches the First and Fifth Amendments. The provisions allowed Secretary of State Marco Rubio to act when speech was deemed to compromise a compelling foreign-policy interest and to revoke visas at his discretion.

The case stemmed from a 2025 arrest of green-card holder Mahmoud Khalil after pro-Palestine protests and a broader chill on contributors to The Stanford Daily, who feared immigration repercussions. The Foundation for Individual Rights and Expression sued on behalf of the student newspaper and a plaintiff identified as Jane Doe. Wise wrote that free speech belongs to the people, not the government, reaffirming that constitutional protections apply to resident aliens. The decision references historic precedents such as Bridges v. Wixon, underscoring that immigration status does not condition speech rights.