A federal judge in Boston has formally ordered PresidentDonald Trump's administration to cease efforts todeport foreign-born student protestersover pro-Palestinian speech.
U.S. District Judge William Young'sJan. 22 orderlargely reiterateshis September opinionthat concluded Secretary of StateMarco Rubioand Department of Homeland Security SecretaryKristi Noem, along with their subordinates, misused their authority "to target non-citizen pro-Palestinians for deportation primarily on account of their First Amendment protected political speech."
The order says their enforcement policy and its implementation is "of no effect, void, illegal, set aside and vacated."
The Department of Homeland Security said the administration would appeal Young's ruling.
Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute at Columbia University, said the order "makes emphatically clear that the administration's campaign of intimidation must end."Jameel Jaffer, the organization's executive director, said Young's order "will stand as a powerful reaffirmation of principles that are fundamental to our democracy."
The organization represented the plaintiffs – the American Association of University Professors and its chapters at several universities, as well as the Middle East Studies Association – in the case.
Krishnan said the order voiding the policy and declaring it unlawful extends beyond the plaintiffs in the case. But the "remedial sanction" Young provided in the order – which outlines how non-citizens can seek to overturn immigration actions taken against them by the Trump administration – only applies to the plaintiffs.
In response to the order, a State Department spokesperson told USA TODAY the administration is "using every tool available to get terrorist-supporting aliens out of our country."
"A visa is a privilege, not a right," the spokesperson said on Jan. 23. "We abide by all applicable laws to ensure the United States does not harbor aliens who pose a threat to our national security."
Tricia McLaughlin, the Department of Homeland Security's assistant secretary, said the administration is "under no obligation" to allow "the world's terrorist sympathizers" in the country.
"The framers of our Constitution and its Bill of Rights never contemplated a world where foreign citizens could come here as guests and hide behind the First Amendment to advocate for anti-American and anti-Semitic violence and terrorism," she said. "We expect a higher court to vindicate us in this."
USA TODAY reached out to the White House for comment.
BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her atbjfrank@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.
This article originally appeared on USA TODAY:Students can't be deported for pro-Palestinian speech, judge rules