A federal judge ruled that the U.S. government unconstitutionally silences critics of Israel's war in Gaza and others by deporting noncitizens based on their speech. The decision protects students' First Amendment rights.
The ruling affirms that the U.S. Constitution protects the free speech rights of noncitizens, including students, preventing the government from using deportation as a tool to silence dissent or unpopular opinions.
A federal judge in California has ruled that the U.S. government unconstitutionally silences critics of Israel’s war in Gaza and others by deporting noncitizens based on their speech. Judge Noël Wise stated that the First Amendment freedoms of speech and the press are foundational to American democracy.
The ruling, which largely builds on a previous decision from a judge in Boston, found that the Trump administration violated the Constitution by targeting noncitizens for deportation solely for supporting Palestinians and criticizing Israel. The judge cited free-speech and vagueness flaws that violate the First and Fifth Amendments.
The decision comes after concerns that international students, particularly those involved in pro-Palestinian activism, feared deportation for expressing their views. The judge cited alleged retaliation by U.S. immigration authorities in March 2025 against individuals for speech supporting Palestinians and criticizing Israel, as well as against those critical of Charlie Kirk. The ruling emphasizes that such actions are antithetical to the Constitution.
The Justice Department has not yet responded to the decision. Conor Fitzpatrick, an attorney with the Foundation for Individual Rights and Expression, which brought the lawsuit, praised the ruling, stating that free speech rights belong to everyone, not just those who agree with the government.