Federal Judge Noel Wise's ruling on 28/8, from the federal court in San Jose, California, largely built upon conclusions reached by a federal judge in Boston, Massachusetts, nearly a year ago. Both judges found the Trump administration's policy of targeting non-US citizens for deportation solely because they supported Palestinians and criticized Israel to be unconstitutional.
The Stanford Daily, the student newspaper of Stanford University, initiated this lawsuit. It challenged a policy that threatened to revoke visas and deport international students and foreign nationals for expressing views on the Gaza conflict. The newspaper argued this policy created a chilling effect, leading international student reporters and editors to resign, retract articles, request removal of articles, or seek anonymity due to fear of deportation.
Judge Wise emphasized that freedom of speech and freedom of the press are "foundational to enduring American democracy." She invalidated parts of current federal government deportation regulations, stating they violate the First and Fifth Amendments by infringing upon freedom of speech and containing vague provisions.
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Students at the University of Southern California arrested by police while participating in an anti-war protest on campus in 4/2024. Photo: AFP
She cited instances where US immigration officials in 3/2025 had retaliated against individuals who spoke out in support of Palestine and criticized Israel's campaign. "This erosion goes against the Constitution, the document that recognizes our freedom of speech," she stressed.
George Porteous, editor-in-chief of the Stanford Daily, welcomed the ruling. "Our reporters in the newsroom do not need to fear that writing an article will lead to their deportation. Today's victory means they will no longer have to fear," he posted on X.
Judge Wise affirmed that foreign nationals also enjoy freedom of speech rights under the First Amendment, similar to US citizens. However, she noted they were being forced to guess Washington's foreign policy at any given time and on each specific issue.
The US Department of Justice on 29/8 has not responded to requests for comment on the ruling.
In 2024, students at dozens of universities across the US protested Israel's war in Gaza. According to AP, these anti-war protests stemmed from the decades-long Boycott, Divestment, and Sanctions (BDS) movement, which opposes Israel's policies towards Palestinians.
Meanwhile, President Donald Trump characterized the protests against the Gaza conflict as "antisemitic acts" and pledged to deport participating international students.
Huyen Le (According to AP, Reuters)
