Do Noncitizens Have First Amendments Rights

A district court judge says America must admit and keep foreigners who hate America and hate Americans. Court-ordered civilizational suicide. It will not stand. https://t.co/8FXvpWkpEq

— Stephen Miller (@StephenM) August 30, 2026

… A federal judge on Friday declared that the Trump administration’s efforts to deport noncitizens for political speech run counter to the Constitution’s First and Fifth Amendments, the latest legal rebuke of the White House’s expansive immigration agenda.

Northern District of California Judge Noël Wise, an appointee of former President Joe Biden, sided with the Stanford Daily, which sued Secretary of State Marco Rubio, arguing that his use of the Immigration and Nationality Act to deport noncitizen students had foreign students refraining from writing opinion pieces critical of the administration.

”In the United States, freedom of speech belongs to the people,” Wise wrote in her opinion. “It is not the government’s to take.”

A State Department spokesperson, given anonymity to discuss internal thought processes within the agency, told POLITICO that the U.S. “is under no obligation to admit or suffer the presence of individuals who subvert our laws and deny our citizens their Constitutional rights.”

“More broadly, the Department of State is committed to protecting our nation and its citizens by upholding the highest standards of national security and public safety through our visa process,” the spokesperson said. “A visa is a privilege, not a right.”