Noncitizen academics allege Trump immigration policy suppressing protected speech

A group of noncitizen academics is challenging the Trump administration over immigration policies that allegedly violate their First Amendment rights.  

The lawsuit, filed Monday, is challenging a policy that began last year that bars individuals who study social media, fact checking and other similiar research the Trump administration believes could lead to censorship of Americans.  

“Despite Defendants’ characterization, the work by the private individuals and organizations targeted by the Censorship Policy is not ‘censorship.’ To the contrary, when independent researchers and advocates study the internet platforms or express their views about the content moderation policies of those platforms, and when the platforms’ employees work to develop or enforce those policies, they are engaged in private expressive activity that the First Amendment protects,” the lawsuit reads.  

It says the policy has caused researchers to be denied entry to the country, and that others already here are self-censoring in fear of deportation. 

When the policy was first implemented, Secretary of State Marco Rubio said, “Foreign officials and persons who are complicit in censoring Americans” will not be allowed into the country.  

The lawsuit was filed against the State Department and the Department of Homeland Security (DHS) by the Coalition for Independent Technology Research, along with the Knight First Amendment Institute and Protect Democracy. 

“The Trump administration is using the threat of detention and deportation to suppress speech it disfavors,” said Carrie DeCell, senior staff attorney and legislative advisor at the Knight First Amendment Institute. “By targeting researchers and advocates for their work studying and reporting on social media platforms and online harms, the policy chills protected speech and distorts public debate about issues of profound public importance.” 

The Hill has reached out to State and DHS for comment.

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