A federal judge in California has ruled that the Trump administration cannot deport international students or other noncitizens simply because they criticize Israel or voice support for Palestinians, finding that such action violates constitutional protections for free speech.
U.S. District Judge Noël Wise handed down the decision Friday in a case brought on behalf of Stanford University’s student newspaper, which argued that international students had become afraid to express their views because they feared their speech could result in deportation.
The ruling largely follows the reasoning of a federal judge in Boston who concluded nearly a year ago that the Trump administration had violated the Constitution by targeting noncitizens for deportation solely on the basis of their pro-Palestinian advocacy or criticism of Israel.
In her decision, Wise described freedom of speech and freedom of the press as “foundational to America’s enduring democracy.” She found that portions of the federal government’s deportation framework suffered from constitutional problems involving both free-speech protections and vagueness, violating the First and Fifth Amendments.
The judge pointed to actions taken by federal immigration authorities beginning in March 2025 against individuals who publicly supported Palestinians or criticized Israel’s conduct. Wise also cited government action involving people who made critical remarks about Turning Point USA co-founder Charlie Kirk following his assassination last September.
“Tomorrow, or perhaps even today, targets may include anyone in the United States who exercises their freedom of speech to simply express opinions the government does not like,” the judge in San Jose said.
“This downward spiral is antithetical to our Constitution that recognizes our right to speak freely,” she added. “Here you can simultaneously hate the content of a person’s speech and love the country that cherishes the freedom to allow it. Zealous protection of our Constitutional right to free speech is a provocative demonstration of our country’s powerful lack of fear.”
The ruling comes amid an ongoing international dispute over Israel’s military actions, which a growing number of experts — including experts commissioned by a United Nations body — have characterized as genocide.
The Justice Department had not issued a response to the decision as of Saturday and did not reply to a request for comment.
Conor Fitzpatrick, an attorney with the Foundation for Individual Rights and Expression, the organization that filed the lawsuit, welcomed the court’s decision.
“In America, free speech doesn’t just belong to the people who say things the government agrees with,” Fitzpatrick said in a release.
{Matzav.com}
