Attorney General James Takes Action to Protect Free Speech

NEW YORK – New York Attorney General Letitia James and 18 other attorneys general today took legal action to stop the Trump administration’s “Ideological Deportation Policy,” a sweeping and alarming effort to arrest, detain, and deport noncitizens for exercising their right to free speech. In an amicus brief filed in American Association of University Professors v. Rubio, the attorneys general urge the Court to block enforcement of the administration’s policy, which targets individuals, many of them students and scholars, for immigration enforcement based on their beliefs. The attorneys general argue this policy is a blatant violation of the First Amendment and is inflicting lasting harm on academic institutions, students, and state economies.

“Our democracy depends on the freedom to think, to speak, and to learn without fear,” said Attorney General James. “No one should face detention or deportation for exercising their right to free speech – not in New York, or in any other state in our nation. This policy is a dangerous overreach, and I will not allow fear and censorship to replace freedom and opportunity. My office is standing firmly against any effort to weaponize immigration to silence free speech and dissent.”

In the brief, Attorney General James and the coalition argue that the Trump administration is weaponizing immigration enforcement to punish individuals for expressing their political views, in clear violation of the First Amendment’s free speech protections. The attorneys general assert that this targeted censorship, which has reportedly resulted in more than 800 visa cancellations in recent weeks, undermines academic freedom, suppresses classroom conversation, and sends a chilling message to students and faculty nationwide. The attorneys general highlight disturbing examples of federal overreach, including the arrest of a Tufts University PhD student by masked, plainclothes Immigration and Customs Enforcement (ICE) agents after she co-authored an op-ed in a campus newspaper – a case that has created widespread fear among international students at institutions across the country.

The attorneys general argue that the federal government’s aggressive enforcement tactics, including sudden raids, public arrests by undercover officers, and swift out-of-state transfers, serve no legitimate public safety or national security purpose. Instead, they simply serve to intimidate noncitizens into silence, violating constitutional rights and using fear as a tool of enforcement.

Attorney General James and the coalition warn of the devastating impact this policy has on higher education. Colleges and universities rely on the open exchange of ideas to foster learning and innovation, and international students and scholars are central to that mission. In New York and across the country, noncitizens bring vital perspectives, conduct groundbreaking research, and contribute significantly to economic growth. Their forced departure threatens both institutional excellence and state economies.

In New York, the effects are already being felt. The State University of New York (SUNY) system has already experienced a sharp decline in international applications, visa approvals, and continued enrollment. Moreover, faculty and students are canceling academic travel, forgoing research funding, and reconsidering their futures in the country out of fear of deportation or reentry denial. The federal government’s policy is also having a chilling effect on academic speech, particularly on global and political issues, and threatening programs, finances, and international partnerships.

The policy’s consequences extend beyond academia. The attorneys general argue that when noncitizens fear they could be deported for their beliefs, they are less likely to report crimes, seek healthcare, or participate in civic and religious life – threatening public safety, public health, and religious freedom. Economically, the policy discourages global talent from coming to or remaining in the United States, jeopardizing industries that rely on international workers and students.

Attorney General James and the coalition are urging the Court to halt this policy immediately, which they argue is making states less safe, less democratic, and less free.

Joining Attorney General James in this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.