Key facts
- The US is appealing a ruling that blocked an immigration policy used to deport noncitizen technology researchers.
- The policy targets researchers who flag illegal or harmful online content, citing national security risks.
- US District Judge James Boasberg found the policy unconstitutional and too broad, lacking evidence of foreign influence.
- Hate speech researcher Imran Ahmed, founder of the Center for Countering Digital Hate (CCDH), is challenging the policy.
- Ahmed argues the policy is retaliatory for his criticism of major technology companies, including X.
- A judge in a separate case ruled she lacked jurisdiction to permanently block the policy for Ahmed.
The US government is continuing its efforts to deport noncitizen technology researchers who monitor safety risks on major online platforms, despite a recent court ruling that blocked such a policy. The policy, which the State Department uses to identify individuals whose activities could have "serious adverse foreign policy consequences," was challenged by Imran Ahmed, founder of the UK-based Center for Countering Digital Hate (CCDH).
In July, US District Judge James Boasberg ruled that the policy was unconstitutional and overly broad, stating the US provided no evidence that targeted researchers were linked to foreign powers attempting to censor Americans or manipulate public debate. The judge sided with the Coalition for Independent Technology Research (CITR), which argued the policy could ensnare any noncitizen involved in content moderation.
Last week, the US appealed Boasberg's ruling. This move followed a decision by US District Judge Loretta Preska, who found her court lacked jurisdiction to permanently block the policy for Ahmed, a lawful permanent resident. Preska noted that while Ahmed's claims about the First and Fifth Amendments might be valid, the relief he sought was too closely tied to potential removal proceedings, stripping the court of authority.
Ahmed, who is married to an American and has daughters in the US, appealed Preska's decision and was granted a temporary restraining order blocking his detention or deportation until the appeals court rules. He argues the government is using the policy to retaliate against him for his criticism of tech companies, citing his group's support for the EU's $1 billion fine against X as a reason for his national security designation. Ahmed believes the appeals court will recognize the government's attempt to "broadly chill protected speech."
Ahmed's research, alongside CCDH, has continued, contributing to a New York Times investigation that found significant amounts of child sexual abuse material (CSAM) on X. The report highlighted the discovery of 65 AI-generated CSAM images and 75 known CSAM images, some viewed hundreds of times. X responded by linking to an X Safety post stating it has zero tolerance for CSAM.