Rubio Sued Over Deportations of International Students for Their Speech

A lawsuit has been filed against US Secretary of State Marco Rubio, challenging his “unconstitutional” deportation of international students based solely on their protected free speech. The legal action was brought by the Foundation for Individual Rights and Expression (FIRE) on August 6.

The case targets Rubio’s use of immigration laws to deport legal noncitizens, including international students Mahmoud Khalil and Rümeysa Öztürk, for expressing their opinions. FIRE argues that in the United States, no one should fear being deported just for speaking their mind. “Free speech is not a privilege given by the government—it is a basic right for everyone,” said FIRE attorney Conor Fitzpatrick.

FIRE aims for a landmark court ruling affirming that the First Amendment protects free speech, even for international students and other lawful noncitizens, over the immigration statutes used to deport them earlier this year.

The lawsuit highlights the case of Mahmoud Khalil, an international student detained for three months after being arrested at Columbia University due to his pro-Palestinian activism during the Trump administration. It also spotlights Tufts University student Rümeysa Öztürk, who was held for nearly seven weeks after co-authoring an opinion piece calling for the university to recognize Israel’s attacks on Palestine and divest from companies linked to Israel.

FIRE says that the actions taken by Rubio and former President Trump have created fear among millions of noncitizens, who worry that speaking about sensitive political topics could lead to deportation.

Earlier this year, thousands of international students had their visas revoked after Rubio warned that the US grants visas to study, not to become “social activists” disrupting campuses. Although many visa statuses were later restored after a court ruled the mass revocations illegal, some students still chose to leave the US out of fear.

Interest in studying in the US has dropped sharply, with new forecasts predicting a 30-40% decrease in international student enrollments this fall, partly due to the State Department’s suspension of visa interviews.

Among the plaintiffs in the lawsuit are The Stanford Daily, an independent student newspaper, and two legal noncitizens without criminal records who fear deportation because of their pro-Palestinian speech.

Greta Reich, editor-in-chief of The Stanford Daily, said there is “real fear on campus,” with reporters declining assignments or quitting to avoid deportation risks tied to their political coverage. “The Daily is losing important voices from our student community,” she said.

The lawsuit challenges two parts of the Immigration and Nationality Act that Rubio has used. One lets the Secretary of State deport noncitizens if their “beliefs, statements, or associations” are seen to harm US foreign policy interests. The other gives the Secretary the power to revoke visas at any time.

The complaint argues both rules violate the First Amendment when applied to free speech, stating the government cannot punish people just because officials dislike their message.

According to the lawsuit, the treatment of these international students shows that noncitizens are not getting the same free speech protections as US citizens, which goes against American values.

“Everyone in this country—citizen or visitor—has free speech rights,” FIRE said. “Two lawful residents holding the same protest sign should not be treated differently just because one has a visa.”

FIRE legal director Will Creeley added, “The First Amendment stops the government from punishing protected speech. No one should have to prove their immigration status to speak freely.”

The lawsuit comes as the US increases scrutiny of international students. From June 2025, US consular officers will expand social media checks, looking for signs of support for terrorism or threats to national security, as well as monitoring for anti-Semitic harassment and violence among applicants.

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