
Boston trial over Trump's push to deport campus activists concludes
The administration has argued that it can deport visa and green card holders under the Immigration and Nationality Act, which has a provision granting the secretary of state the authority to remove people from the country if they undermine its foreign policy interests.
But the trial in American Association of University Professors v. Rubio, which began on July 7, raised questions about whether the administration was violating the First Amendment by retaliating against people for their political speech.
The lawsuit - filed March 25 on behalf of the association's campus chapters at Harvard, New York and Rutgers universities, along with the Middle East Studies Association - accused the administration of fostering a "climate of repression and fear on university campuses."
The trial came amid the backdrop of a high-profile case involving Mahmoud Khalil, a Columbia University graduate and pro-Palestinian activist. Last month, a federal judge in New Jersey ordered Khalil released from Immigration and Customs Enforcement custody.
That judge had previously ruled that the government's actions were chilling Khalil's right to free speech. The Trump administration has said the basis for its March 8 detention was Khalil's supposed alignment with Hamas, a designated terrorist group.
Trump administration 'systematically violating the First Amendment,' lawyers say
Here in Boston, closing arguments took place before U.S. District Judge William Young, a Harvard Law School graduate.
Knight First Amendment Institute at Columbia University, along with co-counsel Sher Tremonte LLP, represented the association of professors in the case, and Young first asked them what evidence they had to support the notion that an "ideological deportation" policy exists.
Alexandra Conlon, a Sher Tremonte lawyer representing the plaintiffs, said that was proven by the administration revoking visas and green cards based on noncitizens' pro-Palestinian activism. In doing so, she said, the federal government was "systematically violating the First Amendment" and seeking to chill speech it disagrees with.
She said the administration conflates antisemitism with pro-Palestine, anti-Israel or anti-war viewpoints.
Ramya Krishnan, an attorney at the Knight First Amendment Institute , went on to argue that legal precedent affirms noncitizens' right to First Amendment protections. Further, she said, lawyers representing the administration hadn't proven that its actions against noncitizen activists were necessary for national security.
Noncitizens don't have the same First Amendment rights, administration argues
Justice Department attorney Ethan Kanter, representing the Trump administration, argued noncitizens do not have First Amendment rights to the same extent as U.S. citizens. While they may have such rights in some capacity, he said, they are "context dependent and in relation to the compelling government interest at play."
He cited a 6th U.S. Circuit Court of Appeals decision in 2024 that allowed the state of Ohio to ban foreign nationals from contributing to political campaigns while litigation continued. The court said the state was likely to succeed on the merits of the case, saying the state's law was narrowly tailored to serve the government's compelling interest in preventing foreign influence on elections.
William Kanellis, another attorney representing the administration, at one point referenced the novel "Don Quixote." He cited a particular story in which Quixote mistakes windmills for giants and tries to fight them, leading to him falling off his horse.
The plaintiffs had similarly "been knocked off their horse" in the trial, he said, adding that the notion of an "ideological deportation policy" was, like Don Quixote's vision, based on the plaintiffs' "imagination and creative conjuring."
If such a broad policy existed, he said, "you'd see many more arrests."
In their complaint, the plaintiffs requested that Young, among other actions, recognize the existence of an "ideological deportation policy" and deem it, along with "threats to arrest, detain and deport noncitizen students and faculty," to be unconstitutional. They asked for the policy to be set aside and for Young to bar the administration from making such threats moving forward.
Closing arguments lasted about 90 minutes. Young said he appreciated the "vigorous advocacy" and "high level of civility" shown by the legal counsel and witnesses throughout the trial. He said he now has the responsibility to consider all arguments and deliver a "fair and just" ruling.
Young previously blocked the administration's termination of National Institutes of Health grants that cut funding for research related to minority communities. In that case, he'd said that the funding cut "represents racial discrimination," the New York Times reported.
BrieAnna Frank is a First Amendment Reporting Fellow at USA TODAY. Reach her at bjfrank@usatoday.com.
USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Telegraph
10 minutes ago
- Telegraph
Elite police unit to monitor online critics of migrants
An elite team of police officers is to monitor social media for anti-migrant sentiment amid fears of summer riots. Detectives will be drawn from forces across the country to take part in a new investigations unit that will flag up early signs of potential civil unrest. The division, assembled by the Home Office, will aim to 'maximise social media intelligence' gathering after police forces were criticised over their response to last year's riots. It comes amid growing concern that Britain is facing another summer of disorder, as protests outside asylum hotels spread. On Saturday, crowds gathered in towns and cities including Norwich, Leeds and Bournemouth to demand action, with more protests planned for Sunday. Angela Rayner warned the Cabinet last week that the Government must act to address the 'the real concerns that people have' about immigration. But critics on Saturday night branded the social media plans 'disturbing' and raised concerns over whether they would lead to a restriction of free speech. Chris Philp, the shadow home secretary, said: 'Two-tier Keir can't police the streets, so he's trying to police opinions instead. They're setting up a central team to monitor what you post, what you share, what you think, because deep down they know the public don't buy what they're selling. 'Labour have stopped pretending to fix Britain and started trying to mute it. This is a Prime Minister who's happy to turn Britain into a surveillance state, but won't deport foreign criminals, won't patrol high streets, won't fund frontline policing. 'Labour are scared of the public, Labour don't trust the public, Labour don't even know the public.' Nigel Farage, the Reform UK leader, said: 'This is the beginning of the state controlling free speech. It is sinister, dangerous and must be fought. Reform UK will do just that.' In a further sign of dissent over the Government's approach to social media, campaigners claimed on Saturday that posts about anti-migrant protests in the past week had been censored because of new online safety laws.


Daily Mail
10 minutes ago
- Daily Mail
FBI chief 'shocked to core' amid Epstein files scandal
By Embattled FBI deputy director Dan Bongino revealed he has discovered matters that have 'shocked me down to my core' during his time in office. Bongino shared a cryptic message to his social media in which he vowed to uncover 'the truth' amid mounting criticism of his handling of the Epstein files. He added: 'We cannot run a Republic like this. I'll never be the same after learning what I've learned. 'We are going to conduct these righteous and proper investigations by the book and in accordance with the law. We are going to get the answers WE ALL DESERVE. 'As with any investigation, I cannot predict where it will land, but I can promise you an honest and dignified effort at truth. Not 'my truth,' or 'your truth,' but THE TRUTH.' Bongino alluded in his statement to recent discoveries surrounding government corruption and weaponization. He did not provide a timeline for when the general public might learn about what he is talking about, adding that 'things are happening'. He failed to show up on one Friday after a DOJ memo was released that said Epstein had died by suicide and that no other people named in the files would be charged. It also said there was no 'Epstein client list'. The following Monday, officials were starting to squirm and feared that Bongino would be a no-show yet again, but he arrived in the office a few hours later than expected. It was reported at the time that Trump was furious that one of his hand-picked appointees would be so publicly against him. A source inside the DOJ told Daily Mail that Bongino was ready to stand down if Attorney General Pam Bondi didn't. The fallout of that memo continues, with the Wall Street Journal reporting that Bondi told Trump in May that his name appeared in the Epstein files. Bondi also allegedly acknowledged that the administration should withhold the files due to them containing images of child sexual abuse. The president associated with Epstein and British socialite Ghislaine Maxwell in the 1980s and 1990s. Maxwell was questioned this week by Deputy Attorney General Todd Blanche. She is serving 20 years behind bars for his involvement in Epstein's crimes. The 63-year-old made it clear earlier this month that she was willing to speak in front of Congress about the case. Trump has not been implicated in any crimes and just because a name appears in the files does not mean imply they were involved in Epstein's child sex trafficking. Many believe Maxwell appears to be angling for a pardon from President Donald Trump after she 'didn't hold back' during questioning. Trump refused to rule out invoking his presidential pardon powers for Maxwell saying: 'I'm allowed to do it, but it's something I haven't thought about.'


Powys County Times
39 minutes ago
- Powys County Times
Israeli gunfire and strikes kill 42 in Gaza as many of the dead sought aid
Israeli airstrikes and gunshots killed at least 42 people in Gaza overnight and into Saturday, according to Palestinian health officials and the local ambulance service, as starvation deaths continued and ceasefire talks appear to have stalled. The majority of victims were killed by gunfire as they waited for aid trucks close to the Zikim crossing with Israel, said staff at Shifa hospital, where the bodies were taken. Israel's military said it fired warning shots to distance a crowd 'in response to an immediate threat' and it was not aware of any casualties. Those killed in the strikes include four people in an apartment building in Gaza City among others, hospital staff and the ambulance service said. The strikes come as ceasefire talks between Israel and Hamas have hit a standstill after the US and Israel recalled their negotiating teams on Thursday, throwing the future of the talks into further uncertainty. Israeli Prime Minister Benjamin Netanyahu said on Friday his government was considering 'alternative options' to ceasefire talks with Hamas. His comments came as a Hamas official said negotiations were expected to resume next week and portrayed the recall of the Israeli and American delegations as a pressure tactic. Egypt and Qatar, which are mediating the talks alongside the US, said the pause was only temporary and that talks would resume, though they did not say when. The United Nations (UN) and experts have said that Palestinians in Gaza are at risk of famine, with reports of increasing numbers of people dying from causes related to malnutrition. While Israel's army says it is allowing aid into the enclave with no limit on the number of trucks that can enter, the UN says it is hampered by Israeli military restrictions on its movements and incidents of criminal looting. The Zikim crossing shootings come days after at least 80 Palestinians were killed trying to reach aid entering through the same crossing. During the shootings on Friday night, Sherif Abu Aisha said people started running when they saw a light that they thought was from the aid trucks, but as they got close, they realised it was from Israel's tanks. That is when the army started firing on people, he told The Associated Press. He said his uncle, a father of eight, was among those killed. 'We went because there is no food… and nothing was distributed,' he said. Israel is facing increased international pressure to alleviate the catastrophic humanitarian crisis in Gaza. More then two dozen Western-aligned countries and more than 100 charity and human rights groups have called for an end to the war, harshly criticising Israel's blockade and a new aid delivery model it has rolled out. The charities and rights groups said even their own staff were struggling to get enough food. For the first time in months Israel said it is allowing airdrops, requested by Jordan. A Jordanian official said the airdrops will mainly be food and milk formula. UK Prime Minister Sir Keir Starmer wrote in a newspaper article on Saturday that the UK was 'working urgently' with Jordan to get British aid into Gaza. Aid group the World Central Kitchen said on Friday it was resuming limited cooking operations in Deir al-Balah after being forced to halt due to a lack of food supplies.