Post ca
rd dated June 19, 2025 (On file in Chambers) Dear Mr. or Ms. Anonymous, Alone, I have nothing but my sense of duty. Together, We the People of the United States –- you and me -- have our magnificent Constitution. Here’s how that works out in a specific case. W.G. Young, D.J.
Protecting the United States from Foreign Terrorists...Executive Order 1/20/2025:
during the visa issuance process the United States... must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.
American Association of University Professors v. Rubio, Secretary of State 9/30/2025, District of Massachusetts, Case 1:25-cv-10685-WGY
`8 U.S.C. 1227 Deportable aliens'
"The above statute is not authority to deport foreigners who protest on behalf of Palestinians" declared U.S. District Judge William G. Young, District of Massachusetts. in AAUP v. Rubio, Septermber 30, 2025 Case 1:25-cv-10685-WGY
The Times reported today:
The Trump administration is asserting that it has broad power under a 11952 law Deportable Aliens 8 U.S.C. 1227 to kick out foreign students who participated in pro-Palestinian protests. That statute says the secretary of state can deem noncitizens deportable for foreign policy reasons, and the secretary, Marco Rubio, made it clear recently that he had already used it to cancel hundreds of student visas.
“It might be more than 300 at this point,” Mr. Rubio said last week. “We do it every day. Every time I find one of these lunatics, I take away their visa.”
But that expansive conception of power appears to conflict with a key limit Congress added nearly four decades after the law passed. Lawmakers explained that the modification, which is recorded elsewhere in federal statute books, means the law may be used “only in unusual circumstances” and “sparingly” if the problem stems from foreigners’ exercise of free speech.
In an extraordinarily blunt and thorough 130 page opinion [link above] U.S. District Judge Edward Young, a forty year veteran on the federal bench, nominated by George H.W. Bush explains why the First Amendment's protection extends to non-citizens, here Palestinians, while they are in the country:
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 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 See Executive Order 14160, entitled “Protecting the Meaning and Value of AmericanCitizenship”, Exec. Order No. 14160, 90 Fed. Reg. 8449 (Jan. 20, 2025), unconstitutionally attempting –- by executive fiat -- to extinguish birthright citizenship. Doe v. Trump, 766 F. Supp. 3d 266, 289 (D. Mass. 2025), aff'd sub nom. New Jersey v. Trump, No. 25-1200, 2025 (1st Cir. Apr. 23, 2025) (“[T]he Constitution confers birthright citizenship broadly, including to persons within the categories described in the EO.
Under the plain language of the Citizenship Clause and the INA provision that later borrowed its wording, and pursuant to binding Supreme Court precedent, the Court concludes that the plaintiffs’ constitutional and statutory challenges to [Executive Order 14160] are likely to prevail.”) (Sorokin, J )
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IV. CONCLUSION
For all these reasons, this Court finds as fact and concludes as matter of law that Secretaries Noem and Rubio and their several agents and subordinates acted in concert to misuse the sweeping powers of their respective offices to target noncitizen pro-Palestinians for deportation primarily on account of their First Amendment protected political speech. They did so in order to strike fear into similarly situated non-citizen pro-Palestinian individuals, pro-actively (and effectively) curbing lawful pro-Palestinian speech and intentionally denying such individuals (including the plaintiffs here) the freedom of speech that is their right. Moreover, the effect of these targeted deportation proceedings continues unconstitutionally to chill freedom of speech to this day.
WGY, D.J. 9/29/2025
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