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Politico's senior law reporter called it "the most scathing legal rebuke of the Trump era."
A federal judge issued an emphatic ruling Tuesday that the Trump administration acted illegally when it targeted pro-Palestinian student activists for deportation, describing it as part of an effort to "strike fear" into protesters exercising their First Amendment rights.
In the 161-page ruling, US District Judge William Young, who was appointed by former President Ronald Reagan, concluded that the Trump administration undertook illegal efforts "unconstitutionally to chill freedom of speech."
He also launched a broadside against the Trump administration's entire authoritarian ethos, describing President Donald Trump's "palpable misunderstanding that the government simply cannot seek retribution for speech he disdains."
Politico's senior law reporter Kyle Cheney described the ruling as "the most scathing legal rebuke of the Trump era." Young himself called it the most important he's ever issued in over 30 years on the bench.
The first page immediately captures this gravity, containing a scan of an anonymous postcard Young received in June as a prologue: "Trump has pardons and tanks... what do you have?" the sender asked.
Young included his response: "Alone, I have nothing but my sense of duty. Together, We the People ... have our magnificent Constitution. Here's how that works out in a specific case."
The case was launched following a lawsuit from the American Association of University Professors and the Middle East Studies Association, which represent hundreds of college professors around the US who testified that they felt intimidated by what they described as "ideological deportations" by the Trump administration of students who expressed pro-Palestinian views.
Often without warning, the State Department revoked nearly 1,700 visas from lawful immigrants before targeting many of them for deportation under an executive order by Trump that allegedly responds to "antisemitism," but in practice extends far out to encompass any expressions of solidarity with Palestinians or criticisms of Israel.
During the trial, the Department of Homeland Security (DHS) acknowledged that it determined who to target using an anonymously operated pro-Israel "doxxing" website known as the Canary Mission, which publishes dossiers on college students around the country who express unfavorable views about Israel.
One of those students was Mahmoud Khalil, an activist at Columbia who held a green card, who was whisked away from his address in the middle of the night by Immigration and Customs Enforcement (ICE) and sent to a detention facility for months. As Young acknowledged in his ruling, Troy Edgar, the deputy secretary of homeland security, stated plainly in an interview that the effort to deport Khalil was because of "basically pro-Palestinian activity." After a federal judge ordered Khalil's release, the Trump administration began efforts to deport him to Algeria or Syria.
ICE agents also snatched Rümeysa Öztürk, a Turkish PhD student at Tufts, off the street in broad daylight after she co-wrote an op-ed calling for her university to divest from companies participating in Israel's genocidal war in Gaza. Although the administration acknowledged that Öztürk, who had a legal student visa, committed no crime, she remained in an ICE detention facility for more than six weeks before a judge ordered her release.
Young said that Secretary of State Marco Rubio and other officials, such as Homeland Security Secretary Kristi Noem, who oversees ICE, "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."
He refuted the professors' contention that the administration had waged an "ideological deportation policy," which he said "could have raised a major outcry." Instead, Young said, their intentions were "more invidious—to target a few for speaking out and then use the full rigor of the Immigration and Nationality Act (in ways it had never been used before) to have them publicly deported with the goal of tamping down pro-Palestinian student protests and terrorizing similarly situated noncitizen (and other) pro-Palestinians into silence because their views were unwelcome."
To strip visas "solely on the basis of political speech, and with the intent of chilling such speech," Young said, "is not only unconstitutional, but a thing virtually unknown to our constitutional tradition." The First Amendment of that Constitution, he added, "does not distinguish between citizens and noncitizens."
Young did not order any changes to Trump administration policy with his ruling, but only because Trump "poses a great threat to Americans’ freedom of speech" as a whole, and further proceedings would be necessary in order to rein in those abuses more comprehensively.
He specifically identified the use of masks by ICE agents during arrests, which he described as "disingenuous, squalid and dishonorable."
"ICE goes masked for a single reason: to terrorize Americans into quiescence," Young said. "In all our history, we have never tolerated an armed, masked secret police."
The final 12 pages of the ruling, which American Immigration Council fellow Aaron Reichlin-Melnick described as "truly remarkable," focus on "the nature of our president himself," who Young said "simply ignores" rulings he dislikes.
Young concluded that the courts, which he described as one of the few remaining bulwarks to Trump's excesses, needed to do more than issue nonbinding cease-and-desist orders, but instead issue permanent injunctions that can result in contempt charges if the administration refuses to stop illegal policies.
Trump, he said, is not "entirely lawless," but "has learned that—at least on the civil side of our courts—neither our Constitution nor our laws enforce themselves and he can do most anything until an aggrieved person or entity will stand up to him and say 'Nay.'"
Young also put the responsibility of resistance on the institutions that have capitulated to Trump's demands.
"Our bastions of independent, unbiased free speech–those entities we once thought unassailable—have proven all too often to have only Quaker guns," he warned. "Behold, President Trump’s successes in limiting free speech—law firms cower, institutional leaders in higher education meekly appease the president, media outlets from huge conglomerates to small niche magazines mind the bottom line rather than the ethics of journalism."
"I fear President Trump believes the American people are so divided that today they will not stand up, fight for, and defend our most precious constitutional values so long as they are lulled into thinking their own personal interests are not affected," he wrote in conclusion. "Is he correct?"
The Trump agenda in Latin America is about protecting US economic and financial interests, just as it was under Kirkpatrick’s reign of terror-for-profit.
In August 1981, US Ambassador to the United Nations Jeane Kirkpatrick traveled to Santiago to meet with Chilean dictator Augusto Pinochet, eight years after he seized power in a military coup. Kirkpatrick cheeringly described their talk as “most pleasant” and announced that the Reagan administration would fully normalize relations and resume arms sales—support that Pinochet quickly used to claim renewed legitimacy and crack down on opponents.
The episode crystallized what became known as the Kirkpatrick Doctrine: the notion that the US government should embrace any autocrat who aligned with Washington’s anti-communist agenda while working to undermine, sanction, or topple any left-wing leader who refused to “play ball,” even if they were democratically elected (and popular). Protecting American economic interests was the lodestar, and just about anything was permissible in service of that goal.
The Kirkpatrick Doctrine shaped US Cold War policy across Latin America under President Ronald Reagan. It was invoked to justify participation in Operation Condor, a transnational repression system that coordinated dictatorships’ assassinations and torture chambers. It was used to rationalize funneling weapons and training to Nicaragua’s Contra rebels, and to support Brazil’s military junta and its anti-communist crusade.
And it explained why Washington turned a blind eye to the Argentine junta’s Dirty War, which disappeared tens of thousands of citizens while receiving US diplomatic cover. In Kirkpatrick’s view, these horrors were an acceptable price for preserving American hegemony and global “liberalism.” Kirkpatrick is still hailed as a “True American Hero” by conservatives, knowing full well the horrors she committed.
This imperialist view was not entirely new. US foreign policy had long operated on behalf of economic interests. The “Banana Wars” and “Banana Republics” of the early 20th century and the invasions of the Philippines and Caribbean islands were justified in the same way. What changed under Reagan was the sheer arrogance and brazenness of American evil. Washington packaged its hyper-capitalist, immoral backing of tyrants and terrorists under the banner of freedom, insisting to the world that the US was a “shining city upon a hill.” It was nonsense, but the message resonated at home.
The main architect of this approach was Jeane Kirkpatrick. Long discredited after the Cold War ended, her ideas seemed destined for the dustbin. Yet under US President Donald Trump, the Kirkpatrick Doctrine’s ghost has come hauling back. It is now a cornerstone of foreign policy in conservative circles.
Human rights, democracy, and human progress are expendable when they collide with American profits and hegemony.
There has been plenty of talk about this being the new Monroe Doctrine. A Newsweek piece this week argued that Trump’s America First agenda in Latin America is a “MAGA Monroe Doctrine.” But there is a contemporary precedent to Trump’s kind of imperialist chest-thumping.
Secretary of State Marco Rubio and a handful of other Trump-aligned hawks have pushed for the Kirkpatrick Doctrine’s revival. The GOP, under Trump, has openly flirted with copying Reagan’s playbook in Latin America and making it clear the region is a no-go zone for foreign competitors. US military and economic power could, at any time, be deployed to bully Southern nations into protecting American profits, once again.
This thread runs through both Trump terms. In the first, neoconservatives like John Bolton, Mike Pompeo, and Elliott Abrams held sway. In the second, the torch has been picked up by figures like Mike Waltz, Pete Hegseth, Pam Bondi, and Rubio.
In just over four years, the US has shown itself willing to deploy military forces against “subversive forces,” allegedly support coups such as the Silvercorp operation in Venezuela or the Organization of American States-assisted 2019 ouster of socialist Evo Morales in Bolivia, and meddle in elections to achieve its preferred outcome.
It has protected and propped up leaders engaged in authoritarian wars on drugs and socialism—Brazilian President Jair Bolsonaro, Argentinian President Javier Milei, Ecuadorian President Daniel Noboa, Salvadorian President Nayib Bukele—while punishing leftist leaders like Brazilian President Luiz Inacio Lula da Silva Lula, Mexican President Claudia Sheinbaum, Colombian President Gustavo Petro, and Venezuelan President Nicolás Maduro with tariffs, sanctions, and economic warfare. It has also supported right-wing opposition figures across the continent, from son-of-Nazi-SS-lieutenant José Antonio Kast in Chile to oligarch María Corina Machado in Venezuela to far-right groups in Peru and Colombia.
The US has also supported paramilitary groups. Colombia is the clearest case. For decades Washington poured weapons, training, and billions of dollars into the Colombian military, mostly under the Plan Colombia program, all while it collaborated with right-wing paramilitary death squads that murdered tens of thousands of civilians.
The US participated in the “False Positives” scandal, where the Colombian Army, armed with US weapons, training, and equipment, killed thousands of civilians before claiming they were guerrilla fighters, often planting evidence to do so.
Similarly, police and military units engaged in war crimes and brutality have been given US weapons and training. In Brazil, most foreign weapons for the police and military are American, including the very snipers used to gun down children in favelas. Meanwhile, the US has sanctioned any Latin American country from purchasing Chinese and Russian weapons, equipment, and technology, to help feed the American military-industrial complex’s profits.
The doctrine also shows up in how the Trump administration uses pressure campaigns. In Venezuela, the “Maximum Pressure” campaign from the first term has escalated to outright military confrontation. Just last week, the US allegedly destroyed a fishing boat in Venezuelan national waters, killing 11 people. It claimed the boat was transporting drugs headed to the US, affiliated with Tren de Aragua.
There is no evidence for this claim, and even if there was, should drug traffickers be massacred without respect for sovereignty, due process, or congressional approval? Such a war crime could lead to full-on regime change or a new War on Drugs on Venezuelan shores.
This is all while ExxonMobil and Chevron have practically bought Washington’s Venezuela policy, and as the Venezuelan opposition, backed by the US, has said it would give oil rights to US corporations.
The underlying interests are clear. The US wants to maintain dominance over investment and markets, ensuring preferential treatment while shutting out competitors like China and Russia. This has meant pressuring governments not to buy BYD cars, threatening sanctions for buying Russian oil and weapons, strong-arming Panama to ditch Belt and Road projects, and trying to block Chinese banks from opening across the continent.
As South America becomes a breadbasket for the world, countries are turning to Brazilian, Russian, and Chinese fertilizers, cutting into US Big Agriculture’s profits. Oil and gas are front and center in Venezuela, where the largest proven reserves on Earth remain largely untapped.
Mining is increasingly important in the Andes, with lithium, copper, and other critical minerals needed for the global energy transition—and US firms want to be at the center of it, despite Chinese companies leading the way. This can help explain why the administration, particularly Marco Rubio, is so obsessed with supporting oil-rich Guyana, where ExxonMobil and Chevron have billions at stake.
The region is viewed as an extension of US dominance over global commerce—and measures to protect that dominance will be taken accordingly.
Locally, elites close to Trump are eager to profit from the US. They expect fatter contracts, looser regulations, and lower taxes under right-wing authoritarian governments backed by Washington. Brazilian business magnates, including real estate developers involved in building a Trump hotel in Rio de Janeiro that was shut down over corruption investigations, were key actors in pressuring Trump into putting 50% tariffs on Brazil, a move that has backfired massively.
The Trump administration has also pressured Latin American governments not to diversify away from the dollar, discouraging them from signing trade deals in yuan or joining BRICS currency initiatives. China’s opening of multiple bank branches across Latin America has also been a target of US pressure. Countries are now able to sign deals, both internationally and regionally, using foreign currencies like the yuan. This threatens dollar dominance, and the US simply cannot abide by a globally competitive system in “our hemisphere.”
The Trump agenda in Latin America is, most conveniently, about protecting US economic and financial interests, just as it was under Kirkpatrick’s reign of terror-for-profit. The rhetoric may change; today it is about fighting socialism, China, or “narco-terrorism” rather than communism; but the underlying logic is the same.
Human rights, democracy, and human progress are expendable when they collide with American profits and hegemony. Ironically, that very logic destroys US credibility, and may help bring about a truly multipolar system in a region long hurt by unipolar imperial control.
Study after study shows that government assistance with food, healthcare, and housing makes tangible, positive impacts on people’s lives, from newborns to the elderly.
Ronald Reagan famously said that the nine most terrifying words in the English language are: I’m from the government, and I’m here to help.
That was a lie, and it was a deadly one.
Like so much of what came out of Reagan’s mouth, this clever quip provided a folksy façade for a brutal attack on the most vulnerable Americans. Before Reagan’s election in 1980, homeless shelters and evictions were rare. Then Reagan and a compliant Congress laid waste to our nation’s safety net, including cutting investment in affordable housing by nearly 80%.
As many of our clinic clients can attest, well-trained, dedicated experts who answer to the people instead of some wealthy donors are the gold standard for housing inspection and code enforcement.
The U.S. commitment to affordable housing has never fully recovered. Urban policy scholar Peter Dreier lays the blame where it belongs: “Every park bench in America—everywhere a homeless person sleeps—should have Ronald Reagan’s name on it.”
This vicious Reagan legacy is important to remember as President Donald Trump and congressional Republicans trot out the same anti-government talking points to support a legislative agenda that would gut healthcare and food programs.
The government-harms shtick is just as false today as in Reagan’s time. Study after study shows that government assistance with food, healthcare, and housing makes tangible, positive impacts on people’s lives, from newborns to the elderly. And government programs deliver these essential services more efficiently and inexpensively than private charity programs, not to mention at a scale that even the most ambitious billionaire philanthropy can only dream of.
Our law school clinic’s work representing people facing eviction and living in unsafe and unhealthy rental housing provides us with a very specific example of government working well.
In our community as in many others, a local government agency is tasked with ensuring the safety of housing, including rental housing. Here, the agency is called the Marion County Public Health Department. (Indianapolis is located within Marion County.)
Our clients can simply call the agency’s phone number for housing inspections and describe the situation in their rented home, a situation that far too often includes mold, infestation with bugs or rodents, no heat during the winter, gas leaks, and more. A trained inspector will then come out to the home within days and issue a formal report and notice to the landlord soon after. This article includes a sample of those reports. As you can see, it includes the threat of substantial fines.
The inspectors’ reports often spur landlords to fix the problems. When they don’t, the agency can and does file a lawsuit against the landlord. Tenants can also file a claim of their own asking for rent offset or other damages due to the unsafe, unhealthy conditions.
Low-income tenants face a power imbalance: Landlords are far more wealthy than tenants, have access to attorneys that tenants rarely do, and of course control continued access to the very roof over tenants’ heads. But when this government agency intervenes, it flips the script, putting pressure on landlords to bring the housing up to code.
The agency is not perfect, of course. Our clinic and other advocates have joined with City County councilors to advocate for the agency to reverse their policy of dropping inspections and enforcement after tenants move out. But one of the defining characteristics of government programs is a benefit that no nonprofit agency can ever match: They are accountable to the community. Ultimately, that accountability is exercised at the ballot box for the agency leaders or those who appoint them.
So the advocacy here has borne fruit and the agency now continues to do its important scrutiny even after tenants move out.
The current revival of anti-government sentiment has impacted this local public health agency, with the Republican-controlled state legislature cutting its funding by more than 70%. More of the playbook from the president who asked in 1982, “Wouldn’t it be better for the human spirit and for the soul of this nation to encourage people to accept more responsibility to care for one another, rather than leaving those tasks to paid bureaucrats?”
Nope. As many of our clinic clients can attest, well-trained, dedicated experts who answer to the people instead of some wealthy donors are the gold standard for housing inspection and code enforcement. Those inspectors are from the government, and they are here to help.