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Judge rules Trump admin can’t deport noncitizens for protected pro-Hamas speech

September 1, 2026 | | Print Article

The latest “madness” from a Biden-appointed judge put terrorist-sympathizing foreign students above the law in what appeared to be “Court-ordered civilizational suicide.”

As myriad leftist lawfare efforts work their way through the courts in opposition to national sovereignty, judicial activists have repeatedly demonstrated their favor for Republic-ending globalism. Now, a district judge — whose positions were deemed “insane” during her confirmation hearing — sided against the Trump administration’s revocation of visas of those expressing support for terrorist organizations.

Handed down Friday by U.S. District Judge Noël Wise of the Northern District of California, the memorandum of decision ruled against Secretary of State Marco Rubio’s use of the Immigration and Nationality Act for deportations based on support for terrorists after the Stanford Daily Publishing Company brought suit on behalf of an anonymous foreign student alleging First and Fifth Amendment violations.

“In the United States, freedom of speech belongs to the people. It is not the government’s to take,” contended Wise, who also insisted, “Here you can simultaneously hate the content of a person’s speech and love the country that cherishes the freedom to allow it. Zealous protection of our Constitutional right to free speech is a provocative demonstration of our country’s powerful lack of fear.”

Summarizing the case in her own words, the judge wrote, “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.”

Libs of TikTok more succinctly summarized, “Biden-appointed judge Noel Wise just ruled that the Trump admin CANNOT deport foreigners who express support for terrorist organizations.”

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In making determinations on visa revocations and deportations of those like leftist darling Mahmoud Khalil, the Hamas-loving Columbia University graduate student whom New York City Mayor Zohran Mamdani (D) welcomed into the mayor’s residence during Ramadan earlier this year, the government has maintained visas are a privilege not granted to those who pose threats to the nation or U.S. foreign policy interests.

Speaking with Politico, a State Department spokesperson reminded the U.S. “is under no obligation to admit or suffer the presence of individuals who subvert our laws and deny our citizens their Constitutional rights.”

“More broadly, the Department of State is committed to protecting our nation and its citizens by upholding the highest standards of national security and public safety through our visa process,” added the spokesperson. “A visa is a privilege, not a right.”

Previously, Wise’s views were deemed “insane” by Missouri Sen. Josh Hawley (R) during her Senate Judiciary Committee confirmation hearing when he challenged her suggestion that laws segregating bathroom use based on biological sex were somehow a “violation of church and state.”

Now, her ruling was dubbed “Madness” by Elon Musk in response to White House deputy chief of staff Stephen Miller opining, among others, “A district court judge says America must admit and keep foreigners who hate America and hate Americans. Court-ordered civilizational suicide. It will not stand.”

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Kevin Haggerty
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