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Federal judge rules Trump administration cannot deport foreign students for political speech

A U.S. district judge in California found that revoking noncitizen visas over pro-Palestinian advocacy and criticism of Israel violates the First and Fifth Amendments.

Updated Aug 29, 2026 · 20:19 UTC5 reports

The short version

  • U.S. District Judge Noël Wise ruled that the federal government cannot revoke foreign students' visas or deport them for political speech, including pro-Palestinian advocacy.
  • The lawsuit was filed by Stanford University's student newspaper, The Stanford Daily, alongside two anonymous foreign national students who said deportation threats caused them to self-censor.
  • The court struck down the administration's application of foreign policy provisions in the Immigration and Nationality Act, finding the enforcement retaliatory and discriminatory.
  • It remains uncertain whether the Department of Justice or Department of State will appeal the decision.

Key facts

  • U.S. District Judge Noël Wise issued a 90-page ruling stating that revoking visas and attempting to deport noncitizens for political speech violates the First and Fifth Amendments.[ABC News · The Hill · Al Jazeera]
  • The lawsuit was brought by The Stanford Daily and two anonymous foreign national students, represented by the Foundation for Individual Rights and Expression.[The Hill · Al Jazeera]
  • The Trump administration defended its immigration actions by citing foreign policy provisions within the Immigration and Nationality Act.[The Hill · Al Jazeera]
  • Judge Wise found that Secretary of State Marco Rubio engaged in standardless and discriminatory enforcement by revoking visas of noncitizens critical of the government.[Al Jazeera]

What remains uncertain

  • The Justice Department and Department of Homeland Security did not immediately comment on whether they intend to appeal the ruling.[ABC News · The Hill · Al Jazeera]

Sources