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US judge blocks Trump's deportation of noncitizens over pro-Palestinian speech

US judge blocks Trump's deportation of noncitizens over pro-Palestinian speech

US President Donald Trump gives a thumbs up after stepping off Air Force One upon arrrival at Ellington Airport in Houston, Texas, on August 27, 2026. Photograph: (AFP)

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A US federal judge has ruled against deporting noncitizens over pro-Palestinian advocacy and criticism of Israel, calling the administration's actions unconstitutional.

A Federal judge in the US has ruled against the deportation of critics of Israel's war in Gaza and other noncitizens for expressing their views. The court observed that the law used by the administration to cancel visas and initiate deportation proceedings against noncitizen college students based on their pro-Palestinian advocacy and criticism of Israel is unconstitutional.

Judge Noël Wise delivered a victory to The Stanford Daily, the student newspaper at Stanford University, which claimed that the students were afraid to speak up for fear of deportation. The judge chastised the Trump administration, saying that in the US, free speech, including the freedom to express everyone's views, is evidence of 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.

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The decision draws upon the findings from 2025, when a District Judge ruled that the Trump administration violated the Constitution when it targeted non-citizens solely for supporting Palestine and criticising Israel.

"Freedom of speech is illusory if we are only 'free' to express complementary views about the government and its leaders," the judge wrote.

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Wise cited retalliation in March 2025 by US immigration authorities against people engaged in speech supporting the Palestinian against Israel's actions, which UN experts condemn as genocide. The judge also cited retalliation against people who were critical of Charlie Kirk, who was assassinated last September.

She said that the Government's tactics were harming free speech on campuses. She said that non-citizens have the same First Amendment rights as citizens, irrespective of the US foreign policy of any specific administration. Wise noted that at The Stanford Daily, lawfully present noncitizens at the paper have quit, withheld articles, refused assignments, requested articles be taken down, and asked for anonymity due to fear of adverse immigration consequences.

"This downward spiral is antithetical to our Constitution that recognises 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 reporters in our newsroom shouldn't have to fear that writing a story will result in their deportation. Today's victory means they won't have to," said George Porteous, the editor-in-chief of The Stanford Daily, responding to the ruling.

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Kushal Deb

Kushal Deb is a mid-career journalist with seven years of experience and a strong academic background. Passionate about research, storytelling, writes about economics, policy, cult...Read More

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