The student newspaper at Stanford University sued US President Donad Trump’s administration on Wednesday over the government’s attempt to use federal immigration law to deport noncitizens who have spoken out on their pro-Palestine beliefs.
The newspaper, The Daily Stanford, brought the suit because of two anonymous members of the newspaper, who have had to “self-censor” their published work because they were afraid of deportation based on their noncitizen status and demonstrated pro-Palestinian views. The student newspaper is being represented by the nonprofit, activist group The Foundation for Individual Rights and Expression (FIRE), and the suit was brought in the US District Court for the Northern District of California.
In their lawsuit, they name Secretary of State Marco Rubio and Department of Homeland Security Secretary Kristi Noem as defendants. The suit claims that the Trump administration’s usage of the Immigration and Nationality Act of 1952 (INA) to deport pro-Palestine noncitizens from the US violates the First and Fifth Amendments of the Constitution. The INA is the regulation responsible for governing the creation of green cards and other citizenship, as well as serving as the basis for deportation and other immigration-related issues. The suit reflects that Rubio and Noem have relied on two deportation sections of the INA to conduct deportations of pro-Palestinian people.
The lawsuit states that this conduct, grounded in the privileges outlined in the INA, runs contrary to the First and Fifth Amendments, stating:
This pall of fear is incompatible with American liberty. Our First Amendment stands as a bulwark against the government infringing the inalienable human right to think and speak for yourself. That is why the Supreme Court held over 80 years ago that “[f]reedom of speech and of press is accorded aliens residing in this country.” Bridges v. Wixon, 326 U.S. 135, 148 (1945). Our First Amendment does not “acknowledg[e] any distinction between citizens and resident aliens.” Kwong Hai Chew v. Colding, 344 U.S. 590, 596 n.5 (1953).
In the lawsuit’s conclusion, the plaintiffs ask the court to impose an injunction on Rubio and Noem from deporting any others in this manner, and for the two provisions of the INA being relied upon to be rendered void under the First and Fifth Amendments.
The lawsuit comes shortly after a similar one was brought in Boston by the American Association of University Professors and its chapters at Harvard, New York University, and Rutgers University against Rubio and the Trump administration. The issue was the same in this case, which was whether the administration was targeting those on campus for speech related to the Israel-Hamas war. The case concluded on July 21, with the judge having not yet entered a ruling.