Some short excerpts from the >35K-word decision by Judge Noël Wise (N.D. Cal.) in Stanford Daily Pub. Corp. v. Rubio:
Plaintiffs, Stanford Daily Publishing Corporation and Jane Doe, a noncitizen student holding an F-1 visa issued by the United States, bring their claims against Marco Rubio, in his official capacity as Secretary of State, and Markwayne Mullin, in his official capacity as Secretary of Homeland Security …. Plaintiffs allege that, since March 2025, the government has changed its immigration policy and pattern of enforcement, namely by arresting, detaining, and deporting students with F-1 visas when those students use their freedom of speech to express opinions that the government does not like—such as expressing support or empathy for Palestinian people, or criticizing Israel's actions regarding Palestine or the conflict in Gaza.
Plaintiffs argue that the provisions of the Immigration and Nationality Act … that the government relies on for its authority to cancel student visas and initiate deportation proceedings are unconstitutional…. [Those provisions are that an alien may be deported] if "… the Secretary of State personally determines that the alien's [presence] would compromise a compelling United States foreign policy interest" … [and that] "[a]fter the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation."
The court concluded that the First Amendment generally fully protects resident aliens pretty much the same way as it protects aliens:
