Federal judge says US cannot deport noncitizen students who criticize Israel
A federal judge in the Northern District of California, appointed by President Biden, has ruled that the Trump administration’s policy of deporting and revoking visas of non-citizens who protest Israel in support of Gaza violates the First and Fifth Amendments. Judge Noel Wise emphasized that free speech, including criticizing the government, is vital to democracy and that suppressing it through deportation undermines constitutional rights. The ruling was based on a lawsuit filed by the Stanford Daily, which argued that the administration’s actions led journalists and writers to self-censor out of fear of retaliation. Wise’s 90-page opinion highlights the importance of protecting free expression, especially related to sensitive political topics such as Israel and Gaza.
Despite ongoing debates and policies aimed at border security, the State department asserts that visas are privileges, not rights, and the department prioritizes national security and public safety. The ruling has been celebrated by free speech advocates, including the Stanford Daily’s editor-in-chief, who expressed relief that journalists no longer need to fear deportation for their reporting. The Department of Homeland Security has been contacted for comment, while the Department of State maintains that visa revocations are lawful and necessary for security. The decision marks a notable stance in the ongoing clash between immigration enforcement and free speech rights in the U.S.
A federal judge in the Northern District of California has ruled against the Trump administration’s policy of deportation when it comes to revoking the visas of and deporting non-citizens who protest Israel in support of Gaza.
Biden-appointed U.S. District Judge Noel Wise agreed with the Stanford Daily newspaper in its lawsuit challenging the Trump administration’s policy of seeking to revoke the visas of and deport student protestors it deemed as pro-Hamas. The newspaper challenged the administration in court in August 2025 after it said its opinion writers have “self-censored because of their rational concern about the ongoing danger of deportation for expression” of what the administration could deem “anti-Israel” viewpoints.
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Wise ruled that the administration’s policy of using the Immigration and Nationality Act to deport non-citizens and revoke their visas based on protected speech violated the First and Fifth Amendments. She wrote in her 90-page opinion that the freedom of speech, “including the freedom to criticize the government and its leaders,” is “evidence of [democracy’s] strength.”
“That strength is diminished when members of our society—citizens and noncitizens alike—must self-censor and ‘behave’ or suffer the government’s retaliation,” Wise wrote, pointing to recent flashpoints of free speech debates over anti-Israel speech, reactions to the assassination of Charlie Kirk, and rhetoric over the Iran war peace deal.
“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. This downward spiral is antithetical to our Constitution that recognizes our right to speak freely. Here you can simultaneously hate the content of a person’s speech and love the country that cherishes the freedom to allow it,” Wise wrote.
Since the first year of the second Trump administration, Secretary of State Marco Rubio has been vocal in saying that “no one has a right to a student visa,” especially in light of the arrest of pro-Gaza activist Mahmoud Khalil, who faces a final order of removal.
State Department spokeswoman Tammy Bruce said during a press conference on the topic of visa revocations in 2025 that the Department “specifically revokes visas every day in order to secure America’s borders.”
In a statement to the Washington Examiner, a State Department spokesperson said the department does not comment on pending or ongoing litigation.
“More broadly, the Department of State is committed to protecting our nation and its citizens by upholding the highest standards of national security and public safety through our visa process,” the State Department spokesperson said. “A visa is a privilege, not a right. The United States is under no obligation to admit or suffer the presence of individuals who subvert our laws and deny our citizens their Constitutional rights.”
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The Washington Examiner has reached out to the Department of Homeland Security for comment on Wise’s ruling.
The Editor-in-Chief of the Stanford Daily celebrated the ruling, writing on X, “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.”
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
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