U.S. District Judge William Young's First Instance Ruling
"Arresting Lawfully Residing Students Is an Abuse of Government Authority"
"Government Actions Violate the Constitution and Undermine Freedom of Expression"
A U.S. federal court has ruled that arresting foreign students who are legally residing in the United States for participating in pro-Palestinian protests constitutes a violation of freedom of expression. On September 30 (local time), Yonhap News reported that in a lawsuit filed by the American Association of University Professors (AAUP) against the Trump administration, U.S. District Judge William Young of the Massachusetts District Court, which is the court of first instance, determined that "arresting lawfully residing students without citizenship for the purpose of deporting them due to participation in pro-Palestinian protests was an abuse of executive authority."
People supporting Palestine protested against Israeli Prime Minister Benjamin Netanyahu's visit to the United Nations in New York, USA, on the 26th of last month (local time). This is unrelated to the specific content of the article. Photo by EPA Yonhap News
In his decision, Judge Young pointed out, "Homeland Security Secretary Kristi Noem and Secretary of State Mark Rubio, among others, conspired to abuse their broad authorities to target pro-Palestinian individuals without citizenship for deportation based on political speech protected by the First Amendment." He further assessed, "The effect of these targeted deportation proceedings has thus far violated the Constitution and undermined freedom of expression."
According to Yonhap News, during the final arguments, representatives for the U.S. Department of Justice argued that foreigners in the United States do not receive the same protections as U.S. citizens when it comes to protests. However, Judge Young concluded that non-citizens who are lawfully present in the United States "clearly" possess the same rights to freedom of expression as citizens.
At the top of the judgment released on the 30th by U.S. District Judge William Young of Massachusetts, the postcard he received was attached. U.S. District Court
According to the Chosun Ilbo, Judge Young began his ruling by presenting a postcard he had received. The postcard, dated June 19, read, "President Trump has the power of pardon and tanks; what do you have?" In response, Judge Young stated, "Dear anonymous gentleman or lady, when I am alone, I have only my sense of duty. But when you, I, and all the people of the United States are together, we have the majestic Constitution. From now on, I will show how that Constitution operates in real cases."
The Boston Globe, a local media outlet, reported, "The judge began his ruling by mentioning the threat he received via the postcard," and added, "In response to the threat, what he did was to show his judgment." The court is expected to hold a hearing at a later date regarding potential remedies related to this decision.
Previously, Judge Young also issued decisions blocking the Trump administration's attempts to cut federal grants for teacher training and healthcare research, although these rulings were later overturned by the Supreme Court.
Since the launch of the Trump administration, the Immigration and Customs Enforcement (ICE) under the Department of Homeland Security has taken strong measures, such as arresting and canceling visas or initiating deportation proceedings for some international students who participated in campus protests calling for an end to the war in the Gaza Strip. A representative case is that of Mahmoud Khalil, who was arrested by ICE in his campus dormitory in March after leading a campus protest at Columbia University in New York.
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