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By Jenna Sundel
News Reporter
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Homeland Security Secretary Kristi Noem and Secretary of State Marco Rubio “have failed in their sworn duty to uphold the Constitution,” a federal judge appointed by President Ronald Reagan said Thursday.
Judge William G. Young, who was appointed in 1985, presided over a hearing related to how the court can respond to policies by President Donald Trump’s administration that Young previously said violated free speech on college campuses.
Young said he would issue an order aimed at preventing the administration from exacting "retribution" against academics who challenged arrests, detentions and deportations of non-citizen, pro-Palestinian activists on U.S. college campuses.
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"The big problem in this case is that the Cabinet secretaries, and ostensibly, the president of the United States, are not honoring the First Amendment," Young said, Reuters reported.
Anna Kelly, White House spokesperson, told Newsweek: "It’s bizarre that this judge is broadcasting his intent to engage in left-wing activism against the democratically-elected President of the United States. President Trump will always put American citizens first, which includes removing national security threats from our homeland.”
The White House previously said it would appeal Young's earlier ruling in the case.
Why It Matters
Last year, the Trump administration began revoking the legal status of some student visa holders who had been associated with campus protests or debates around the war between Israel and Hamas. Efforts to deport the people, such as green-card holder Mahmoud Khalil, made national headlines.
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What To Know
Young ruled in September that Trump administration policies targeting foreign students and faculty for pro-Palestinian activism violated the First Amendment’s free speech protections.
The lawsuit was filed by academic groups, including the American Association of University Professors and the Middle East Studies Association. The plaintiffs challenged visa revocations and deportations tied to political expression.
A trial took place over nine days last June, when 15 witnesses testified about how the policies affected college campuses across the nation.
Young issued a 161-page ruling in September, writing: “This case—perhaps the most important ever to fall within the jurisdiction of this district court—squarely presents the issue whether non-citizens lawfully present here in [the] United States actually have the same free speech rights as the rest of us. The Court answers this constitutional question unequivocally ‘yes, they do.’ ‘No law’ means ‘no law.’ The First Amendment does not draw President Trump’s invidious distinction and it is not to be found in our history or jurisprudence.”
Young said on Thursday that he was struck by the “breathtaking” conspiracy to violate international students’ free speech rights, Bloomberg Law reported.
Department of Justice lawyer Paul Stone said the federal government’s position was that no remedy should be entered.
"The Secretary of Homeland Security in concert with the Secretary of State, approved by the President of the United States to violate the Constitutional rights of these people and you’re telling me there is no remedy? I respectfully disagree," Young said, according to Bloomberg Law.
What People Are Saying
Judge William G. Young, referring to Homeland Security Secretary Kristi Noem and Secretary of State Marco Rubio in comments reported by Bloomberg Law: "Cabinet secretaries have failed in their sworn duty to uphold the Constitution.”
Homeland Security Assistant Secretary Tricia McLaughlin, in a statement to Newsweek in September on Young’s ruling: “Our ICE law enforcement should be thanked for risking their lives every day to arrest murderers, pedophiles, rapists, gang members, and terrorists instead of vilified by sanctuary politicians.”
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