Court Rules Deportation of Foreign Students for Political Views Unconstitutional
Judge Noel Wise ruled that the US administration cannot revoke visas or initiate deportation proceedings against foreign students based on their political speech. The ruling follows policies implemented after the arrest of activist Mahmoud Khalil.
A federal judge in California ruled on Saturday that the Donald Trump administration's policy of revoking visas and initiating deportation proceedings against foreign students due to pro-Palestinian activity and criticism of Israel is unconstitutional. Judge Noel Wise, appointed by former president Joe Biden, sharply criticized the State Department and the Department of Homeland Security for using immigration laws to target individuals for positions the administration sought to suppress.
The ruling concerns a policy promoted by the Donald Trump administration starting in March 2025, under which visas were revoked and foreign citizens involved in pro-Palestinian campus activities were arrested. A prominent case involved the arrest of Mahmoud Khalil, a master's student at Columbia University, who is currently fighting his deportation from the USA in a separate legal battle.
The lawsuit was filed in August 2025 by the Stanford University student newspaper. Staff writers holding student visas claimed they had refrained from covering pro-Palestinian demonstrations and Middle East war-related topics due to fears regarding the administration's policy. Attorneys argued that two sections of the US Immigration and Nationality Act, relied upon by the administration, violate the First and Fifth Amendments to the Constitution.
Judge Wise upheld the newspaper's arguments, ruling that when the content of a person's expression serves as the basis for visa revocation and deportation, the administration is effectively punishing them for their opinions. She emphasized:
«Freedom of speech, including the right to criticize the government and its leaders, is an expression of the resilience of American democracy.»
The State Department and the Department of Homeland Security did not immediately respond to the ruling.
