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A federal judge on Tuesday strongly criticized the Trump administration for targeting international students who participated in pro-Palestinian protests, calling the actions “truly scandalous and unconstitutional suppression of free speech.”
Targeting Non-Citizen Students
US District Judge William Young, appointed by Republican President Ronald Reagan, said the Department of Homeland Security (DHS) and the State Department appeared to deliberately target non-citizen students supporting Palestinians during the Gaza conflict. According to the judge, the policy aimed to deter campus activism and “terrorize similarly situated” students.
Arrests and Detentions
Starting in March, US immigration authorities arrested and detained international students without filing any criminal charges. Many students were held for weeks in Immigration and Customs Enforcement (ICE) facilities located far from their homes.
The Trump administration defended the arrests as part of a broader effort to combat antisemitism, claiming — without evidence — that the students encouraged violence or supported the Palestinian armed group Hamas. Officials further argued that foreign students do not enjoy the same free speech rights as US citizens.
Judge Upholds Free Speech Rights
“Yes, they do,” Judge Young wrote in his ruling. “The First Amendment does not draw President Trump’s invidious distinction, and it is not to be found in our history or jurisprudence.”
High-Profile Cases Highlighted
The judge cited several high-profile cases, including:
Rumeysa Ozturk, a Tufts University graduate student, was arrested outside her home by masked agents after co-authoring an op-ed critical of the university’s response to the Gaza war. She spent more than six weeks in a Louisiana ICE facility before being released.
Mahmoud Khalil, a former Columbia University student and legal US resident, was detained from March to June for leading campus protests in support of Palestinians.
Use of Pro-Israel Lists for Targeting
During the proceedings, DHS officials admitted to using lists from pro-Israel organizations to identify students for potential detention, the ruling noted.
Next Steps
Judge Young said he would decide on the appropriate remedy for the administration’s actions at a future hearing, signaling that further legal developments are likely.
Legal experts say this ruling underscores the broad protections of the First Amendment, even for non-citizens. The decision could have far-reaching implications for how US immigration authorities monitor and respond to political activism on campuses across the country.