<p class="wp-block-paragraph">A federal judge in the Northern District of California has ruled against the Trump administration’s policy regarding the deportation of non-citizens who protest Israel in support of Gaza.</p>
<p class="wp-block-paragraph">U.S. District Judge Noel Wise, appointed by President Biden, 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 filed the lawsuit in August 2025, citing concerns that its opinion writers had self-censored due to fears of deportation for expressing what the administration could label as anti-Israel viewpoints.</p>
<p class="wp-block-paragraph">Wise ruled that the administration’s use of the Immigration and Nationality Act to deport non-citizens and revoke their visas based on protected speech violated the First and Fifth Amendments. In her 90-page opinion, she stated that freedom of speech, including the freedom to criticize the government and its leaders, is indicative of democracy’s strength.</p>
<p class="wp-block-paragraph">“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, referencing recent debates over free speech related to anti-Israel sentiments, reactions to the assassination of Charlie Kirk, and discussions surrounding the Iran war peace deal.</p>
<p class="wp-block-paragraph">Wise expressed concern that “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.” She emphasized that this trend is contrary to the Constitution, which recognizes the right to free speech, stating, “Here you can simultaneously hate the content of a person’s speech and love the country that cherishes the freedom to allow it.”</p>
<p class="wp-block-paragraph">Since the beginning of the second Trump administration, Secretary of State Marco Rubio has stated that “no one has a right to a student visa,” particularly in light of the arrest of pro-Gaza activist Mahmoud Khalil, who faces a final order of removal.</p>
<p class="wp-block-paragraph">During a press conference in 2025 regarding visa revocations, State Department spokeswoman Tammy Bruce noted that the Department “specifically revokes visas every day in order to secure America’s borders.”</p>
<p class="wp-block-paragraph">A State Department spokesperson stated to the Washington Examiner that the department does not comment on ongoing litigation. The spokesperson added, “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. 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.”</p>
<p class="wp-block-paragraph">The Washington Examiner has reached out to the Department of Homeland Security for comment on Wise’s ruling.</p>
<p class="wp-block-paragraph">The Editor-in-Chief of the Stanford Daily celebrated the ruling, stating 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.”</p>