In recent weeks, the Trump administration has escalated its immigration enforcement efforts by targeting foreign students and lawful permanent residents involved in pro-Palestinian activism—sparking nationwide concern over the intersection of immigration law and First Amendment protections. At Saluja Law, we are deeply troubled by this crackdown, which we believe raises critical questions about due process, free speech, and the rights of noncitizens living, working, and studying in the United States.

What's Happening?

Secretary of State Marco Rubio announced the cancellation of over 300 student visas under a provision of the Immigration and Nationality Act (INA) that allows visa revocation if a foreign national's presence is deemed to have "potentially serious adverse foreign policy consequences." Students from Columbia, Tufts, and other prominent universities have been detained—often by masked ICE agents in plain clothes—and now face possible deportation.

Among those detained is Rumeysa Ozturk, a Fulbright scholar from Turkey who co-authored a student op-ed critical of Israel's military actions. Another high-profile case is Mahmoud Khalil, a Columbia University graduate student and lawful permanent resident, who is now facing deportation despite holding a green card and having no prior criminal issues. The government now claims he failed to disclose affiliations with pro-Palestinian groups on his immigration paperwork.

This aggressive interpretation of the INA signals a dramatic shift from prior administrations, which historically exercised restraint in using immigration laws to target political speech. Legal experts, including Professor Stephen Yale-Loehr of Cornell, warn this may result in years of legal battles as courts attempt to determine the limits of free speech protections for noncitizens.

Why It Matters

At its core, this crackdown represents a disturbing weaponization of immigration authority to suppress dissent. While it is true that the Constitution does not guarantee the right to a visa, the broader implications of this approach are alarming:

• Free Speech Under Fire: Noncitizens do enjoy First Amendment protections while on U.S. soil. Punishing foreign nationals for participating in peaceful protests or campus activism—especially without clear ties to violence—sets a dangerous precedent.

• Due Process Denied: Visa revocations occur swiftly and with little explanation, often leaving students and scholars in legal limbo or immediate detention. Green card holders, while afforded more protection, are now being targeted for minor omissions or tenuous associations.

• Fear in Academia: These actions have already begun to chill speech across university campuses. Students are now afraid that political expression—even when nonviolent—could jeopardize their education, immigration status, or safety.

• Legal Overreach: As attorney Jonathan Grode aptly noted, the administration hasn't changed the law—it's simply “telling the referees to call the game differently.” The discretionary authority granted under immigration law is being wielded more aggressively than ever before, and with minimal transparency or accountability.

Citizens should firmly oppose this punitive use of immigration law to silence political speech. Academic freedom and lawful dissent are fundamental American values. The First Amendment should not be selectively applied based on immigration status.

Saluja Law also cautions that this overreach could have ripple effects far beyond the current crisis. If upheld in court, these actions could erode key protections for thousands of foreign students, researchers, and professionals whose only “crime” is exercising their voice.

What Comes Next?

Legal challenges are already underway, and as Professor Yale-Loehr predicts, it may take years to sort out the full extent of these constitutional and legal questions. But in the meantime, real lives hang in the balance.

If you or someone you know is a noncitizen who has engaged in campus activism or political organizing, we strongly urge you to seek legal counsel before traveling or interacting with immigration authorities.

At Saluja Law, we will continue to monitor these developments and stand ready to defend those whose rights are under threat. America's strength lies in its commitment to democracy, freedom, and justice. These principles must apply to everyone within our borders.

Saluja Law — Defending Rights. Protecting Futures.