Attorney General Bonta Files Brief Challenging Trump Administration’s Unjustified and Unconstitutional Revocation of Student Visas

OAKLAND – California Attorney General Rob Bonta today, as part of a coalition of 19 attorneys general, filed an amicus brief challenging the Trump Administration's executive orders allowing for the ideologically-motivated revocation of visas for students and faculty who exercise their free speech and association rights. In the past month, the Trump Administration has revoked the visas, and in some cases arrested, detained, and sought to remove, hundreds of visa-holding and legal permanent resident students at higher education institutions for expressing opinions that the Trump Administration disagrees with. In other cases, students have been provided little to no justification for the termination grounds, much less the meaningful opportunity to challenge the sudden denial. In just California, nearly 100 students across the California State University system, University of California campuses, and Stanford University have had their visas revoked. 

“Students across the country are being aggressively targeted without notice and for no clear reason beyond the President’s political agenda, creating a culture of fear and disrupting our institutions of higher education,” said Attorney General Bonta. “The unjustified and unconstitutional revocation of student visas for expressing their opinions sends a stunning message to campuses across the nation: fall in line or face deportation. I urge the court to put a swift stop to this policy before it can do any further damage.”

The Trump Administration’s “Ideological Deportation Policy” is based on two Executive Orders (14161 and 14188).These orders direct federal agencies to vet foreign nationals seeking to enter the U.S. based on ideological grounds rather than on direct safety threats. These orders further direct federal agencies to investigate, detain, and deport noncitizen students and faculty who engage in political speech with which the Administration disagrees. Last month, the Trump Administration began using these orders as the basis to begin revoking hundreds of student visas. 

During the 2023-2024 school year, states represented in the amicus brief hosted over 640,000 international students who supported more than 235,000 jobs and contributed approximately $27.5 billion annually to our economies through tuition, living expenses, and related spending. These noncitizen students not only make substantial economic contributions to the states; they also enrich academic discourse, strengthen our research capabilities, and enhance our global competitiveness. 

In the brief, Attorney General Bonta and the multistate coalition argues that the Trump Administration’s Ideological Deportation Policy inflicts irreparable harms to the states, is contrary to the public interest, and violates the First Amendment’s protection of free speech, which the Supreme Court has repeatedly affirmed extends to noncitizen residents within the United States. The coalition respectfully urges the court to grant a preliminary injunction to stop deportations based on this policy while litigation continues. 

Attorney General Bonta is committed to upholding the rights and protections of all of California’s residents, including the nearly 11 million immigrants who call California home. He has defended pathways for legal immigration for those fleeing dangerous conditions in their home counties, supported challenges to the early termination of the TPS designation for Venezuela and Haitians, and secured a preliminary injunction in his lawsuit challenging the President’s unlawful executive order seeking to end birthright citizenship.

Attorney General Bonta has also vigorously defended President Trump’s assault on the rule of law. Last month, Attorney General Bonta, along with 20 other state attorneys general issued an open letter urging the legal community to stand together in defense of the rule of law in response to President Trump’s recent attacks. Attorney General Bonta also issued a separate statement on the need to speak up and push back when our democratic norms are violated, our legal system undermined, and our laws broken. 

Attorney General Bonta joins the attorneys general of Massachusetts, Washington, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Vermont in filing the amicus brief. 

A copy of the brief is available here.