district court

Trump administration unconstitutionally targeted noncitizens over Gaza war protests, judge rules

The Trump administration violated the Constitution when it targeted non-U.S. citizens for deportation solely for supporting Palestinians and criticizing Israel, a federal judged said Tuesday in a scathing ruling directly and sharply criticizing President Trump and his policies as serious threats to free speech.

U.S. District Judge William Young in Boston agreed with several university associations that the policy they described as ideological deportation violates the 1st Amendment as well as the Administrative Procedure Act, a law governing how federal agencies develop and issue regulations. Young also found the policy was “arbitrary or capricious because it reverses prior policy without reasoned explanation.”

“This case — perhaps the most important ever to fall within the jurisdiction of this district court — squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally ‘yes, they do,’” Young, a nominee of Republican President Reagan, wrote.

The Department of Homeland Security did not immediately respond to a request for comment.

Plaintiffs in the case welcomed the ruling.

“The Trump administration’s attempt to deport students for their political views is an assault on the Constitution and a betrayal of American values,” said Todd Wolfson, president of the American Assn. of University Professors union. “This trial exposed their true aim: to intimidate and silence anyone who dares oppose them. If we fail to fight back, Trump’s thought police won’t stop at pro-Palestinian voices—they will come for anyone who speaks out.”

The ruling came after a trial during which lawyers for the associations presented witnesses who testified that the Trump administration had launched a coordinated effort to target students and scholars who had criticized Israel or showed sympathy for Palestinians.

“Not since the McCarthy era have immigrants been the target of such intense repression for lawful political speech,” Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute, told the court. “The policy creates a cloud of fear over university communities, and it is at war with the First Amendment.”

The student detentions, primarily on the East Coast, had caused widespread concern at California universities, which host the largest international student population in the nation and were home to major pro-Palestinian encampments in 2024. At UCLA, faculty earlier this year set up a 24-hour hotline for students who feared being potentially detained by Immigration and Customs Enforcement — although there were no high-profile targeted removals of international student activists.

In separate actions this year, the government also temporarily revoked visas and immigration statuses for students across the UC system and at other U.S. campuses based on minor violations such as traffic tickets. Revocations were reversed nationwide after a federal suit was filed.

In the Boston case, lawyers for the Trump administration put up witnesses who testified there was no ideological deportation policy as the plaintiffs contended.

“There is no policy to revoke visas on the basis of protected speech,” Victoria Santora told the court. “The evidence presented at this trial will show that plaintiffs are challenging nothing more than government enforcement of immigration laws.”

John Armstrong, the senior bureau official in the Bureau of Consular Affairs, testified that visa revocations were based on long-standing immigration law. Armstrong acknowledged he played a role in the visa revocation of several high-profile activists, including Rumeysa Ozturk and Mahmoud Khalil, and was shown memos endorsing their removal.

Armstrong also insisted that visa revocations were not based on protected speech and rejected accusations that there was a policy of targeting someone for their ideology.

One witness testified that the campaign targeted more than 5,000 pro-Palestinian protesters. Out of the 5,000 names reviewed, investigators wrote reports on about 200 who had potentially violated U.S. law, Peter Hatch of ICE’s Homeland Security Investigations unit testified. Until this year, Hatch said, he could not recall a student protester being referred for a visa revocation.

Among the report subjects was Palestinian activist and Columbia University graduate Khalil, who was released last month after 104 days in federal immigration detention. Khalil has become a symbol of Trump’s clampdown on the protests.

Another was Tufts University student Ozturk, who was released in May from six weeks in detention after being arrested on a suburban Boston street. She said she was illegally detained after an op-ed she co-wrote last year criticizing her school’s response to the war in Gaza.

Casey writes for the Associated Press. Times staff writer Jaweed Kaleem contributed to this report.

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Justice Department files misconduct complaint against federal judge handling deportation case

The Justice Department on Monday filed a misconduct complaint against the federal judge who has clashed with President Trump’s administration over deportations to a notorious prison in El Salvador.

Escalating the administration’s conflict with U.S. District Judge James E. Boasberg, Atty. Gen. Pam Bondi said on social media that she directed the filing of the complaint against Boasberg “for making improper public comments about President Trump and his administration.”

The complaint stems from remarks Boasberg allegedly made in March to Chief Justice John Roberts and other federal judges saying the administration would trigger a constitutional crisis by disregarding federal court rulings, according to a copy of the complaint obtained by the Associated Press.

The comments “have undermined the integrity and impartiality of the judiciary,” the complaint says, adding that the administration has “always complied with all court orders.” Boasberg is among several judges who have questioned whether the administration has complied with their orders.

The meeting took place days before Boasberg issued an order blocking deportation flights that Trump was carrying out by invoking wartime authorities from an 18th century law.

The judge’s verbal order to turn around planes that were on the way to El Salvador was ignored. Boasberg has since found probable cause that the administration committed contempt of court.

The comments were supposedly made during a meeting of the Judicial Conference, the federal judiciary’s governing body. The remarks were first reported by the conservative website The Federalist, which said it obtained a memo summarizing the meeting.

Boasberg, the chief judge in the district court in the nation’s capital, is a member of the Judicial Conference. Its meetings are not public.

The complaint calls for an investigation, the reassignment of the deportations case to another judge while the inquiry is ongoing and sanctions, including the possible recommendation of impeachment, if the investigation substantiates the allegations.

Trump himself already has called for Boasberg’s impeachment, which in turn prompted a rare response from Roberts rejecting the call.

The complaint was filed with Judge Sri Srinivasan, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit.

More than 250 Venezuelans who were deported to a Salvadoran mega-prison known as the Terrorism Confinement Center, or CECOT, were sent home to Venezuela earlier this month in a deal that also free 10 U.S. citizens and permanent residents who had been held by Venezuela.

But the lawsuit over the deportations and the administration’s response to Boasberg’s order remains in his court.

Sherman writes for the Associated Press.

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Appeals court won’t reinstate Associated Press access to presidential events

The U.S. Court of Appeals on Tuesday denied an appeal by the Associated Press for a hearing on its efforts to restore full access to cover presidential events, not ending its case but allowing the White House to continue its control over access to President Trump.

The news outlet wanted the court to overturn a three-judge panel’s June 6 ruling not to let AP back into the events until merits of the news organization’s lawsuit against Trump was decided. But the court on Tuesday declined to hear that appeal.

It all stems from Trump’s decision in February to keep AP journalists out of the Oval Office, Air Force One and other events too small for a full press corps, in retaliation for the news outlet’s decision not to follow his lead in changing the Gulf of Mexico’s name.

The AP sued in response. In April, a district court ruled that the administration could not exclude journalists based on their opinions. The Trump administration immediately turned to the U.S. Court of Appeals to successfully delay implementation of the ruling before the court could consider the full merits of the case.

Next up: This fall, the appeals court considers those full merits.

“We are disappointed by today’s procedural decision but remain focused on the strong district court opinion in support of free speech as we have our case heard,” said Patrick Maks, an AP spokesman. “As we’ve said throughout, the press and the public have a fundamental right to speak freely without government retaliation.”

The White House did not immediately return a request for comment.

Since the start of the case, the White House has instituted new rules for access to the limited-space events. AP photographers have been regularly permitted back, but its reporters only occasionally.

On Monday, the White House said it would not allow a reporter from the Wall Street Journal onto Air Force One to cover Trump’s weekend trip to Scotland because of the outlet’s “fake and defamatory conduct” in a story about the president and late financier Jeffrey Epstein.

Bauder writes for the Associated Press.

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