A federal judge has ruled that the Trump administration violated the constitutional rights of international students by attempting to punish them for their criticism of Israel. On August 29, 2026, District Judge Noel Wise criticized the US Department of State and the Department of Homeland Security (DHS) for their efforts to deport noncitizens based on protected speech.
In her 90-page decision, Wise stated, "Stated plainly, in the United States, freedom of speech belongs to the people. It is not the government’s to take." She emphasized that speaking out against the government is a sign of a healthy democracy and that self-censorship due to fear of retaliation diminishes that strength.
The ruling was based on actions taken by the Trump administration, which revoked visas and detained international students involved in pro-Palestinian advocacy. The case began with Columbia University graduate Mahmoud Khalil, who was detained in March 2025. Khalil, who is currently fighting his deportation in a separate case, expressed support for the ruling on social media, stating, "No one should fear speaking up for Palestine."
The lawsuit was filed against US Secretary of State Marco Rubio, with the Stanford Daily also reporting that some noncitizen writers chose not to cover pro-Palestinian protests due to the administration's actions. Two anonymous plaintiffs, foreign nationals with no criminal record, joined the suit, stating they felt the need to self-censor for fear of losing their student visas.
The Trump administration cited the Immigration and Nationality Act as justification for its deportation efforts, claiming that the secretary of state can exclude foreign nationals if their presence could cause serious adverse foreign policy consequences. However, critics argue that this standard is largely untested in court and does not override the First Amendment, which protects free speech.
Judge Wise criticized Rubio for what she called a "standardless" enforcement of the visa revocation policy, noting a pattern of revoking visas when noncitizens are critical of the government. Conor Fitzpatrick, a lawyer at the Foundation for Individual Rights and Free Expression (FIRE), which filed the lawsuit, described the ruling as a victory for First Amendment rights, stating, "Today’s ruling proves that free speech isn’t a privilege, but the inalienable right of every man, woman, and child."
The Trump administration has faced other legal challenges regarding its deportation policies. In September 2025, a federal judge in Massachusetts ruled that US officials violated the First Amendment when they attempted to detain and deport noncitizen students and academics for pro-Palestinian advocacy. This case was brought by a coalition of education groups, which argued that the deportation policy created a climate of repression on university campuses. Al Jazeera has reached out to the State Department and DHS for comment.