Last week, the National Coalition Against Censorship, joined by the Foundation for Individual Rights and Expression, the Cato Institute, PEN America, the First Amendment Lawyers Association, and the Rutherford Institute, filed an amicus brief in front of the United States Court of Appeals for the First Circuit in American Association of University Professors v. Rubio. The same cohort also filed an amicus brief in front of the Court of Appeals for the Fifth Circuit in Khalil v. Blanche.
In March 2025, the American Association of University Professors (AAUP) challenged the Trump administration’s targeted arrest, detention, and deportation of noncitizen students and faculty who engaged in pro-Palestinian speech. The district court found that the purpose of the administration’s policy was to chill pro-Palestinian speech, a viewpoint-discriminatory aim in violation of the First Amendment and the Administrative Procedure Act. The administration has now appealed that ruling.
During the proceedings for AAUP v. Rubio, Mahmoud Khalil, a lawful permanent resident, brought a challenge to the Trump administration’s attempt to deport him for his protected advocacy. Last year, an immigration judge ordered Khalil’s removal from the country. Khalil appealed that decision to the Board of Immigration Appeals (BIA). The BIA dismissed that appeal, as well as denied Khalil’s Motion to Remand for introduction of new evidence of First Amendment retaliation for pro-Palestinian advocacy uncovered in AAUP v. Rubio. Khalil has now appealed that decision to the Fifth Circuit.
Both amicus briefs argue that the First Amendment protects the rights of citizens and noncitizens alike, and was originally drafted to do so. The government may not deport noncitizens based on protected speech, as doing so amounts to unconstitutional viewpoint discrimination and retaliation. Deporting noncitizens based on their protected advocacy is contrary to the core principle that underpins the First Amendment: the government should not use its power to punish dissent. For those reasons, the briefs argue that the First Amendment bars the deportation of noncitizens based on protected speech.
Read the full briefs below:
AAUP v. Rubio
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Khalil v. Blanche
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