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Judge Strikes Down Immigration Rules Over Pro-Palestinian Speech

8/30/2026

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Summary

Story summary

U.S. District Judge Noël Wise struck down immigration rules targeting non-citizen students for pro-Palestinian speech.
The Stanford Daily and the Foundation for Individual Rights and Expression filed the lawsuit.
Wise said the policy violated the First Amendment and Fifth Amendment.
She warned that dissenters could later face deportation.
The decision cited March 2025 retaliation against non-citizens supporting Palestinians.

History

Historical Context

After the Supreme Court’s 5-4 1972 decision in Kleindienst v. Mandel—authored by Justice William Rehnquist and affirming the Attorney General’s power to bar communist scholar Ernest Mandel under the 1952 Immigration and Nationality Act—the standard of deference was invoked in later cases such as the 9th Circuit’s 2017 Washington v. Trump ruling and today guides Judge Noël Wise’s injunction against a DHS rule targeting non-citizen students.

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Story summary

U.S. District Judge Noël Wise struck down immigration rules targeting non-citizen students for pro-Palestinian speech.
The Stanford Daily and the Foundation for Individual Rights and Expression filed the lawsuit.
Wise said the policy violated the First Amendment and Fifth Amendment.
She warned that dissenters could later face deportation.
The decision cited March 2025 retaliation against non-citizens supporting Palestinians.

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