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Attorney General Nessel Joins Multistate Coalition in Defense of First Amendment Protection for Noncitizen Students and Faculty

LANSING – Michigan Attorney General Dana Nessel joined a coalition of 20 state attorneys general in filing a multistate amicus brief (PDF) in Stanford Daily Publishing Corporation v. Rubio in the U.S. District Court for the Northern District of California. In their brief, the attorneys general support The Stanford Daily – an independent student-run newspaper at Stanford University – in their lawsuit against the Trump Administration over its “Ideological Deportation Policy,” which targets and punishes noncitizens with lawful status – especially college students and faculty – who express political beliefs with which the Administration disagrees.

“Taking away student visas because of someone's political opinions is an embarrassing and unconstitutional stance for this administration to take,” Nessel said. “Michigan is home to dozens of incredible colleges and universities that attract students and faculty from across the world. Actions like this don’t just silence debate on campus – they threaten everyone's First Amendment rights by discouraging open discussion and the exchange of ideas. I join my colleagues in urging the Court to uphold the right to freedom of speech.”

In January 2025, President Trump issued two Executive Orders (14161 and 14188), which laid the groundwork for the Administration’s “Ideological Deportation Policy.” These orders direct federal agencies to investigate, detain, and deport noncitizen students and faculty who engage in political speech with which the Administration disagrees. As a result of the Trump Administration’s Executive Orders and cruel immigration enforcement policies, the Stanford Daily filed a lawsuit in August 2025 against Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem, citing that multiple international student journalists have declined assignments, removed their bylines, or resigned entirely out of fear that their reporting could be used as grounds for deportation.

In their brief, Attorney General Nessel and the coalition assert that the Trump Administration’s unlawful use of ideology to arrest, detain, and deport lawful noncitizen residents threatens the economic growth and stability of the coalition states, their ability to attract diverse talent from around the world, and the states’ public health and safety. They argue that the Trump Administration’s ideological deportation policy is a direct violation of the First Amendment’s right to free speech. The coalition states also argue that if deemed lawful by the Court, the Trump Administration’s weaponization of immigration enforcement would not only undermine the purpose of higher education, but it would also hinder the states’ ability to attract the diverse talent needed to grow and sustain key industries within state and local economies.

Notably, the U.S. District Court for the District of Massachusetts recently addressed this unlawful policy in American Association of University Professors, v. Rubio, ruling that First Amendment protections apply equally to citizens and lawfully present noncitizens.

Attorney General Nessel is joined in filing this brief by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

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