SAN JOSE, Calif. – The Foundation for Individual Rights and Expression (FIRE) has initiated a lawsuit against Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, challenging two federal immigration law provisions that allegedly grant the government unchecked power to revoke visas and deport lawfully present noncitizens for constitutionally protected speech. The lawsuit, filed on August 6, 2025, seeks a landmark ruling affirming that the First Amendment protects noncitizens from deportation based on their opinions. According to FIRE, "No administration should be able to deport lawfully present noncitizens for their opinions," as stated in a tweet from the organization.
The challenged provisions of the Immigration and Nationality Act allow the Secretary of State to initiate deportation proceedings if speech "compromises a compelling foreign policy interest" or to revoke visas for any reason. FIRE argues these provisions are unconstitutional when applied to protected speech and have been used by the Trump administration to target individuals whose views are deemed "anti-American" or "anti-Israel." This legal action represents a significant pushback against what FIRE describes as the administration's "war against noncitizens’ freedom of speech."
Specific instances cited in the lawsuit include the targeting of Columbia University student Mahmoud Khalil for pro-Palestinian speech and Tufts University student Rümeysa Öztürk for co-authoring an op-ed. The complaint, which includes the Stanford Daily Publishing Corporation and two unnamed noncitizen students as plaintiffs, alleges that these actions have created a "chilling effect" on political expression among noncitizens. The Stanford Daily stated its participation was to "guard our First Amendment rights and ensure The Daily’s writers and editors can fulfill our mandate as a student paper."
The Department of Homeland Security has called the lawsuit "baseless," denying that arrests are based on protected speech or political views. However, FIRE and other supporting organizations, including the American Association of University Professors, contend that the administration is attempting to turn free speech into a privilege contingent on bureaucratic whims. FIRE attorney Conor Fitzpatrick emphasized, "In the United States of America, no one should fear a midnight knock on the door for voicing the wrong opinion."
The lawsuit aims for both preliminary and permanent injunctions to prevent Rubio and Noem from using these provisions to retaliate against noncitizens for their speech. This legal challenge underscores ongoing debates about the scope of First Amendment protections for noncitizens and the government's authority in matters of immigration and national security. The outcome could significantly impact free speech rights for millions of individuals residing in the United States.