US judge rejects deportation of foreigners by political opinions

A Judge Noël Wise, in a decision made on Friday, gave reason to The Stanford Daily, the Stanford University student newspaper, which had claimed that some international students feared to manifest themselves due to the threat of deportation.

” Freedom of expression is illusory if we are only “free” to express opinions favorable to the government and its leaders,” the judge wrote.

The decision is largely based on the conclusions reached almost a year ago by a judge of a federal court of first instance in Boston who considered that the Trump administration violated the Constitution by targeting, for deportation, people who are not citizens of the United States just for supporting the Palestinians and criticising Israel.

Noël Wise wrote that freedom of expression and of the press are “fundamental to lasting American democracy”. The judge pointed out flaws related to freedom of expression and the lack of clarity of the rules, which violate the First and Fifth Amendments, by invalidating parts of the provisions followed by the federal government regarding deportations.

He also referred to acts of retaliation in March 2025 by the U.S. immigration authorities against people who spoke in support of the Palestinians and against Israel’s actions – which an increasing number of experts, including experts mandated by a United Nations body, have claimed to constitute genocide.

The judge also mentioned reprisals against people who criticized Charlie Kirk after the co-founder of Turn Point USA was murdered in September last year.

“Tomorrow, or perhaps even today, the targets could be anyone in the United States who exercises their freedom of expression simply to express opinions that the Government does not like,” said San José judge.

” This downward spiral is contrary to our Constitution, which recognizes our right to speak freely,” he added.

“Here, it is possible to deeply hate the content of a person’s speech and, simultaneously, love the country that values the freedom that allows this speech. The intransigent protection of our constitutional right to freedom of expression is a striking demonstration of our country’s powerful absence of fear.”

The Department of Justice has not so far responded to a request for comment on the decision.

The director of The Stanford Daily, George Porteous, reacted to the decision by writing on social media X: “The journalists in our newsroom shouldn’t have to fear that writing news will result in their deportation. Today’s victory means they won’t have to do it anymore.”

Conor Fitzpatrick, a lawyer at the Foundation for Individual Rights and Expression, an organization that brought the lawsuit, praised the decision: “In America, freedom of expression does not just belong to people who say things the government agrees with.”

In his decision, Noël Wise stated that it was clear that government tactics had an impact on university campuses.

“The Government has conveyed an intimidating message regarding the protected speech: speak against Israel or in support of the Palestinians and we will revoke your visas and deport you. Behave yourselves. Foreign students heard the warning and heeded it. And, as the expression says, silence is deafening,” wrote the judge.

At The Stanford Daily, people who are not American citizens, but who are legally in the country, resigned, stopped publishing articles, refused work and requested anonymity due to fear of negative consequences for their immigration status, Wise noted.