A federal judge in California has ruled that the U.S. government, under the Trump administration's directive, unconstitutionally silenced critics of Israel's war in Gaza and others by threatening deportation. The ruling, which largely echoes a similar decision from a Boston court nearly a year prior, sided with student advocates who argued that international students feared speaking out due to deportation threats.
In her decision Friday, U.S. District Judge Noël Wise stated that the freedoms of speech and the press are fundamental to American democracy. She identified free speech and vagueness flaws that violate the First Amendment and the Fifth Amendment in the government's deportation provisions. The judge cited instances in March 2025 where U.S. immigration authorities allegedly retaliated against individuals for supporting Palestinians and criticizing Israel's actions. Additionally, the ruling noted retaliation against those critical of Charlie Kirk, a co-founder of Turning Point USA, following his assassination last September.
Wise cautioned that such actions could extend to anyone expressing opinions the government dislikes. "Tomorrow, or perhaps even today, targets may include anyone in the United States who exercises their freedom of speech to simply express opinions the government does not like," the judge stated. She emphasized that protecting free speech, even for opinions one dislikes, is a testament to the nation's commitment to its Constitution.
The Justice Department has not yet responded to a request for comment on the ruling. Conor Fitzpatrick, an attorney with the Foundation for Individual Rights and Expression, which brought the lawsuit, praised the decision, asserting that free speech in America extends to all individuals, not just those whose views align with the government.