Abstract
Since the October 7, 2023, attack on Israel thousands of students across the world protested Israel’s involvement in the war on Gaza. Many of these protests occurred at American universities. When President Trump returned to the White House in 2025, he publicly threatened to and deport noncitizen students who participated in these protests. Following through with his promise, President Trump revoked multiple students’ visas after they participated in some form of Pro-Palestine advocacy. This Article explores whether President Trump’s actions are constitutional under the First Amendment. Ultimately, this Article concludes that President Trump violated the First Amendment by targeting noncitizen students who engaged in protected political speech. To ensure accountability for these violations, this Article urges the Supreme Court to affirmatively hold that the First Amendment applies to noncitizen, and that federal courts have jurisdiction to hear claims of First Amendment retaliation throughout the deportation and removal process.
Recommended Citation
Gray, Erin
(2026)
"Silencing Liberty: Why Curtailing Noncitizens' Speech is Un-American,"
Immigration and Human Rights Law Review: Vol. 7:
Iss.
1, Article 4.
Available at:
https://scholarship.law.uc.edu/ihrlr/vol7/iss1/4
Included in
American Politics Commons, Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Human Rights Law Commons, Immigration Law Commons, Law and Politics Commons