A US federal judge has ruled against President Trump’s effort to deport international students for criticizing Israel’s war on Gaza. Judge Noel Wise in California said the administration violated their constitutional rights. She criticized the State Department and Homeland Security for trying to deport noncitizens over protected speech.
“Freedom of speech belongs to the people,” Wise wrote in her 90-page decision. “It is not the government’s to take.” She added that speaking out about government leaders is a sign of a healthy democracy. That strength is weakened when people must self-censor to avoid retaliation.
The case focused on how the Trump administration revoked visas and detained students for pro-Palestinian advocacy. The detentions began with Columbia graduate Mahmoud Khalil in March 2025. Khalil, a permanent US resident, was a key student negotiator. He is fighting deportation in a separate case. He praised the ruling, saying: “No one should fear speaking up for Palestine.”
The lawsuit also involved Stanford University’s student newspaper. Some noncitizen writers chose not to cover pro-Palestinian protests due to fear. Two anonymous plaintiffs joined, saying they felt forced to self-censor.
The Trump administration cited the Immigration and Nationality Act as justification. It says the secretary of state can exclude foreigners if their presence could cause “serious adverse foreign policy consequences.” Critics argue this does not override the First Amendment.
Judge Wise criticized Secretary of State Marco Rubio for “standardless” enforcement. She noted a clear pattern: visas are revoked when noncitizens criticize the government or its allies. She called this “seriously discriminatory enforcement.”
A lawyer from the Foundation for Individual Rights and Expression hailed the ruling as a win for free speech. The Trump administration has faced similar setbacks. In September 2025, a federal judge in Massachusetts also ruled against deporting students for pro-Palestinian advocacy.
Reference
Al Jazeera, “US judge rules against Trump’s effort to deport pro-Palestinian students,” published August 29, 2026. https://www.aljazeera.com/news/2026/8/29/us-judge-rules-against-trumps-effort-to-deport-pro-palestinian-students