AG?Nessel joins multistate coalition in defense of First Amendment
In January 2025, President Trump issued two Executive Orders (14161 and 14188), which laid the groundwork for the Administration’s “Ideological Deportation Policy.” These orders direct federal agencies to investigate, detain, and deport noncitizen students and faculty who engage in political speech with which the Administration disagrees. As a result of the Trump Administration’s Executive Orders and cruel immigration enforcement policies, the Stanford Daily filed a lawsuit in August 2025 against Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, citing that multiple international student journalists have declined assignments, removed their bylines, or resigned entirely out of fear that their reporting could be used as grounds for deportation.
In their brief, Nessel and the coalition assert that the Trump Administration’s unlawful use of ideology to arrest, detain, and deport lawful noncitizen residents threatens the economic growth and stability of the coalition states, their ability to attract diverse talent from around the world, and the states’ public health and safety. They argue that the Trump Administration’s ideological deportation policy is a direct violation of the First Amendment’s right to free speech. The coalition states also argue that if deemed lawful by the Court, the Trump Administration’s weaponization of immigration enforcement would not only undermine the purpose of higher education, but it would also hinder the states’ ability to attract the diverse talent needed to grow and sustain key industries within state and local economies.
Notably, the U.S. District Court for the District of Massachusetts recently addressed this unlawful policy in American Association of University Professors, v. Rubio, ruling that First Amendment protections apply equally to citizens and lawfully present noncitizens.
Attorney General Nessel is joined in filing this brief by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
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