“Trump administration argues that its policy of arresting, detaining, and deporting international students for expressing anti-Israel opinions “does not exist.” The government’s lawyers also maintain that the supposedly nonexistent policy is perfectly consistent with the First Amendment—a less laughable argument that nevertheless is hard to reconcile with Supreme Court precedent, especially as applied by several lower courts.
President Donald Trump and his underlings, including Secretary of State Marco Rubio and Department of Homeland Security officials, have made it clear that they are determined to expel students, including legal permanent residents as well as visa holders, who have engaged in protests or other forms of advocacy that the government views as “pro-Hamas” or “anti-Semitic.” Rubio says those activities, even when “otherwise lawful,” justify removal from the United States because they threaten to undermine U.S. foreign policy interests.
The Trump administration claims it is targeting “aid or support” for “designated terrorist groups” and “unlawful anti-Semitic harassment and violence,” neither of which is constitutionally protected. That defense is hard to take seriously, since the government avers that even writing an anti-Israel op-ed piece or peacefully participating in pro-Palestinian protests falls into those categories.”