A federal judge in Boston is preparing an order that would shield foreign academics from what he described as retaliatory deportation tactics tied to their opposition to the detention of pro-Palestinian campus activists.
The judge said the forthcoming order would block federal authorities from altering the immigration status of non-citizen scholars involved in the case, unless the government can clearly justify its actions in court. Any attempt to revoke visas or status, he warned, would be presumed to be punishment for participation in the lawsuit itself.
Speaking during a hearing, the judge delivered unusually blunt criticism of the administration, accusing senior officials of trampling free-speech protections guaranteed by the Constitution. He said the actions taken against academics and students had created a climate of fear across U.S. universities, particularly for foreign nationals engaged in political debate.
At the heart of the dispute is a legal challenge brought by academic associations after immigration authorities began detaining and seeking to remove non-citizen students and scholars who took part in or voiced support for pro-Palestinian activism on campuses. The judge previously concluded that these actions unlawfully chilled protected speech nationwide.
He characterized the executive branch’s approach as rigid and punitive, arguing that dissent was being treated as disloyalty. In pointed remarks, he said the administration appeared to expect absolute compliance across the executive branch once the president had spoken.
The planned order, however, will not apply across the country. Instead, it will be narrowly focused on members of specific academic organizations that brought the challenge, including groups representing university faculty and Middle East studies scholars. The judge rejected a broader nationwide injunction as too sweeping.
The case traces back to a series of high-profile arrests, beginning with a recent Ivy League graduate targeted under a policy aimed at removing non-citizen students critical of Israel or supportive of Palestinian causes. Federal authorities cited executive directives issued in early 2025 that instructed agencies to aggressively confront antisemitism following widespread campus protests over the war in Gaza.
Since then, visas have been canceled and several students and researchers detained, including a graduate student in Massachusetts who was arrested after co-authoring an opinion article criticizing her university’s stance on the conflict. Multiple detainees have since been released after judges intervened, though some cases remain in flux following appellate rulings.
The White House dismissed the judge’s comments as politically motivated, accusing him of overstepping his role. The administration has already signaled plans to challenge earlier rulings in higher courts.
For now, the judge’s message was clear: participation in academic debate, even on the most divisive global issues, does not erase constitutional protections—citizenship status notwithstanding.
