In Landmark Ruling, Federal Court Says Trump Administration Violated First Amendment By Arresting, Attempting to Deport Foreign Citizens for Pro-Palestinian Advocacy
So great to report some good news once in a while, the following is the press release from one of the plaintiff’s in this suit Knight First Amendment Institute at Columbia University.
BOSTON—Judge William G. Young of the U.S. District Court for the District of Massachusetts today ruled that the Trump administration’s policy of arresting, detaining, and deporting noncitizen students and faculty members for their pro-Palestinian advocacy violates the First Amendment. The ruling comes after a two-week trial in the case brought by the Knight First Amendment Institute at Columbia University, partnering with Sher Tremonte LLP, on behalf of the American Association of University Professors (AAUP) and the Middle East Studies Association (MESA). It was the first major trial of President Trump’s second term.
Filed in March, the lawsuit alleged that the Trump administration’s “ideological deportation” policy violates the First Amendment and is unconstitutional. The nine-day trial in July that included the testimony of 15 witnesses forced the disclosure of a wealth of new details about the policy and its devastating effects on campuses nationwide. See a summary of the disclosures here.
In today’s ruling, Judge Young wrote, “This case—perhaps the most important ever to fall within the jurisdiction of this district court—squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally ‘yes, they do.’ ‘No law’ means ‘no law.’ The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence.”
The following can be attributed to Jameel Jaffer, executive director at the Knight First Amendment Institute:
“This is a historic ruling that should have immediate implications for the Trump administration’s policies. If the First Amendment means anything, it means the government can’t imprison people simply because it disagrees with their political views. We welcome the court’s reaffirmation of this basic idea, which is foundational to our democracy.”
The following can be attributed to Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute:
“No one should have to live in fear that they could be seized by ICE agents for their political expression. Today’s decision rightly affirms that the First Amendment protects noncitizens just as it protects citizens. The administration’s ideological deportations dishonor the First Amendment and democracy.”
The following can be attributed to Todd Wolfson, president of the American Association of University Professors:
“The Trump administration’s attempt to deport students for their political views is an assault on the Constitution and a betrayal of American values. This trial exposed their true aim: to intimidate and silence anyone who dares oppose them. If we fail to fight back, Trump’s thought police won’t stop at pro-Palestinian voices—they will come for anyone who speaks out. Defending democracy means standing up now—loudly, visibly, and together.”
The following can be attributed to Aslı Bâli, president of MESA:
“We deeply appreciate the court’s principled ruling. The Trump Administration’s actions have grievously harmed our colleagues, by treating protected free speech and freedom of association as deportable offenses. Our ability to meet, as a scholarly association, and to discuss critical topics of our field, have been directly diminished by the chilling effect of the government’s ideological deportations. The attack on the constitutionally protected rights of our members and conference attendees is unconscionable, and must be redressed.”
The following can be attributed to Noam Biale, partner and pro bono coordinator at Sher Tremonte LLP:
“Sher Tremonte is honored to have partnered with the Knight Institute on this groundbreaking case. Judge Young’s decision comes at a moment when it is most needed. Presidential administrations come and go, but as long as we keep fighting, our Constitution endures.”
Read today’s decision here.
Read more about the case here.
In addition to the AAUP and MESA, plaintiffs include AAUP chapters at Harvard, Rutgers, and NYU. The associations’ members include tens of thousands of faculty and students across the country.
Having found that the policy violates the First Amendment, the court will turn to the question of relief in the coming weeks.
Lawyers on the case include Ramya Krishnan, Jameel Jaffer, Alex Abdo, Scott Wilkens, Carrie DeCell, Xiangnong (George) Wang, Talya Nevins, Jackson Busch, and Stephany Kim of the Knight First Amendment Institute; Ahilan Arulanantham; Michael Tremonte, Noam Biale, Alexandra Conlon, and Courtney Gans of Sher Tremonte; and Edwina Clarke and David Zimmer for Zimmer, Citron & Clarke.
For more information, contact: Adriana Lamirande, adriana.lamirande@knightcolumbia.org.
