FIRE Challenges Two Federal Provisions Granting Rubio Deportation Authority Over Noncitizen Speech

The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on August 6, 2025, against Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem. The suit challenges two federal immigration law provisions that FIRE argues grant unchecked power to revoke legal immigrants' visas and deport them for constitutionally protected speech. This legal action underscores FIRE's ongoing commitment to free speech and the First Amendment, as noted by the tweet from "reason," stating, "With their new lawsuit against Marco Rubio, @theFIREorg continues to stand up for free speech and the First Amendment."

The lawsuit specifically targets provisions within the Immigration and Nationality Act. One allows the Secretary of State to deem a noncitizen deportable if their "beliefs, statements, or associations" are personally determined to "compromise a compelling United States foreign policy interest." The second grants the Secretary discretion to revoke a visa or other documentation at any time. FIRE contends that these provisions are unconstitutional when applied to speech protected by the First Amendment.

The legal challenge highlights several instances, including the cases of Columbia University student Mahmoud Khalil, targeted for pro-Palestinian activism, and Tufts University student Rümeysa Öztürk, who faced action for co-authoring an op-ed. The plaintiffs also include The Stanford Daily, an independent student newspaper, whose noncitizen writers reportedly self-censored due to fear of deportation. This situation has created a "pall of fear over millions of noncitizens," according to FIRE.

FIRE, a non-partisan advocacy group, asserts that the First Amendment protects all individuals on U.S. soil, regardless of citizenship status. They aim for a landmark ruling affirming that the government cannot deport lawfully present noncitizens for protected speech. As FIRE attorney Conor Fitzpatrick stated, "In the United States of America, no one should fear a midnight knock on the door for voicing the wrong opinion."

The lawsuit argues that the Trump administration, through actions led by Secretary Rubio, has used these provisions to target speech deemed "anti-American or anti-Israel," leading to a chilling effect on free expression among noncitizens. This legal battle seeks to reinforce the principle that free speech is an inalienable right, not a privilege contingent on governmental approval.