MESA, AAUP sue Trump admin over 'ideological-deportation policy' of pro-Hamas faculty and students

The Middle East Studies Association (MESA) and the American Association of University Professors (AAUP) claim the practice violates the First and Fifth Amendment, as well as the Administrative Procedure Act.

The lawsuit, filed on March 25 in the U.S. District Court for Massachusetts, seeks to block what the groups call an 'ideological-deportation policy.'

Two left-leaning organizations have filed a lawsuit against the federal government, challenging the Trump administration’s policy of revoking visas for noncitizen students and faculty accused of pro-Hamas activism.

The Middle East Studies Association (MESA) and the American Association of University Professors (AAUP) claim the practice violates the First and Fifth Amendment, as well as the Administrative Procedure Act.

The lawsuit, filed on March 25 in the U.S. District Court for Massachusetts, seeks to block what the groups call an “ideological-deportation policy.” 

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MESA and the national AAUP are representing several AAUP chapters in the lawsuit, including from the Universities of Harvard, Rutgers, and New York. Plaintiffs argue that visa revocations have discouraged noncitizen academics from participating in protests or engaging in political discourse for fear of deportation.

“While President Trump  and  other  administration  officials have described pro-Palestinian campus protests as ‘pro-Hamas,’ they have stretched that label beyond the breaking point to encompass any  speech supportive of  Palestinian  human  rights or critical of Israel’s military actions in Gaza,” the lawsuit says. “They have left no doubt that their new policy entails the arrest, detention, and  deportation of noncitizen students and faculty for constitutionally protected speech and association.”

A spokesperson for the Department of Homeland Security defended the administration’s actions, stating: “Taking over buildings, defacing private property, and harassing Jewish students does not constitute free speech.”

The White House also released a statement, with a Justice Department spokesperson asserting: “This department makes no apologies for its efforts to defend President Trump’s agenda in court and protect Jewish Americans from vile antisemitism.”

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Trump officials argue that while free speech is protected under the First Amendment, visa holders are not entitled to remain in the U.S. if they participate in disruptive or unlawful activities.

“It is a privilege to be granted a visa to live and study in the United States of America,” a Justice Department spokesperson told Inside Higher Ed. “When you advocate for violence and terrorism that privilege should be revoked, and you should not be in this country.”

Campus Reform has contacted the AAUP, MESA, Harvard University, New York University and Rutgers University for comment. This article will be updated accordingly.