Tagged #first-amendment
Every article we've published on this topic, sorted by the agency's own announcement date.
Federal court rules noncitizens have First Amendment protection against speech-based deportation
A federal district court ruled that immigration statutes used to revoke visas and initiate deportation based on protected speech violate the First Amendment for lawfully present noncitizens.
Federal Court Blocks AG Rokita's Investigation Into Exodus Refugee Immigration on First Amendment Grounds
A federal judge halted Indiana AG Todd Rokita's civil investigation into a refugee nonprofit, ruling the probe was likely retaliation for protected speech. Key ruling on state investigative authority and immigrant service organizations.
4th Circuit Affirms District Judge Can Hear Constitutional Challenge to ICE Detention
A split 4th Circuit panel ruled that federal immigration law does not strip district judges of jurisdiction to hear constitutional challenges to detention by noncitizens, disagreeing with other circuits.
Second Circuit Overturns Vermont Judge's Bail Order for Mahdawi; Bars District Court Habeas Review
Federal appeals court rules Vermont judge lacked jurisdiction to order Mahdawi's release from immigration detention; holds that immigration court exhaustion required before district court review.
Federal Court Certifies Class of People Recording DHS Immigration Enforcement in California
A Central District of California court grants class action certification in the LA Press Club case, extending First Amendment protections to anyone who films or photographs DHS immigration operations in Southern California.
Federal Court Orders Release of LPR on First Amendment Retaliation Grounds
An Indiana federal judge ordered ICE to release a lawful permanent resident detained under foreign policy grounds, finding sufficient evidence of First Amendment retaliation. Key precedent for habeas petitions invoking political speech.
Federal judge grants release to ICE detainee based on First Amendment retaliation claim
A federal judge ruled that ICE detention of a legal permanent resident violates the First Amendment when based on protected speech, establishing a new standard for habeas corpus review in immigration detention cases.
Columbia Student Appeals Deportation Order to Federal Court Over Political Speech
Mohsen Mahdawi, a Palestinian graduate student, has appealed a Board of Immigration Appeals decision to the First Circuit on constitutional grounds, challenging the government's use of foreign policy allegations to deport a legal permanent resident.