Judge Young Bars Trump Administration From Retaliatory Immigration Actions Against AAUP and MESA Pro‑Palestinian Members
U.S. District Judge William Young issued a nationwide remedial order barring the Trump administration from altering the immigration status of noncitizen members of the American Association of University Professors and the Middle East Studies Association who were members between March 25 and Sept. 30, 2025, whose status had not expired and who committed no crimes after Sept. 30, 2025, and he ruled that any such change will be presumed retaliatory, shifting the burden to the government to prove otherwise. Young said the president, DHS Secretary Kristi Noem and Secretary of State Marco Rubio engaged in an “unconstitutional conspiracy” to chill pro‑Palestinian speech and tied the order to a broader campaign targeting thousands of campus protesters, while the administration argues the individuals were “pro‑Hamas”; AP has not identified any members whose status has been changed.
📌 Key Facts
- U.S. District Judge William Young issued a nationwide remedial order allowing certain noncitizen members of the American Association of University Professors (AAUP) and the Middle East Studies Association (MESA) — including pro‑Palestinian academic protesters and students — to seek relief if their immigration status is changed, and the order presumes such changes are retaliatory.
- Under the order, once plaintiffs show they were AAUP or MESA members between March 25, 2025 and Sept. 30, 2025, had unexpired immigration status, and committed no crimes after Sept. 30, 2025, any alteration of their status is presumed to be retribution for exercising First Amendment rights.
- The presumption created by the order shifts the burden to the government to prove in federal court that any immigration‑status change was not retaliatory.
- Judge Young tied the remedial order to a broader campaign that targeted more than 5,000 pro‑Palestinian protesters and referenced the Mahmoud Khalil litigation, in which the 3rd Circuit recently reversed his release from immigration detention on jurisdictional grounds.
- In written and on‑the‑record remarks at the remedial hearing, Young said President Trump, DHS Secretary Kristi Noem and Secretary of State Marco Rubio engaged in an "unconstitutional conspiracy" to chill pro‑Palestinian speech and accused them of failing in their sworn duties.
- The administration has defended its actions by characterizing the targeted individuals as "pro‑Hamas" and framing the measures as part of a broader anti‑antisemitism effort.
- News outlets noted that, as of the reporting, they were not aware of any AAUP or MESA members whose immigration status has actually been changed as a result of their participation in the lawsuit.
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- Fox piece makes clear that the remedial order applies nationwide to noncitizen members of AAUP and MESA who are pro‑Palestinian academic protesters and students, provided their status has not expired and they have no post‑September criminal accusations.
- The order explicitly states that any alteration of such a member’s immigration status will be presumed to be retaliatory, shifting the burden to the government to prove otherwise in federal court.
- The article reprises Judge Young’s on‑the‑record comments from last week’s remedial hearing, where he blasted President Trump and cabinet members Noem and Rubio as having "failed in their sworn duty" and described their conduct as an "unconstitutional conspiracy" to infringe First Amendment rights.
- It notes the administration’s argument that the targeted individuals were "pro‑Hamas" and part of a broader anti‑antisemitism campaign, framing the government’s stated rationale for its actions.
- Judge William Young formally issued a remedial order allowing certain noncitizen plaintiffs to seek relief if their immigration status is changed and presuming such changes are retaliatory.
- The order applies to members of the American Association of University Professors and the Middle East Studies Association who were members between March 25, 2025, and Sept. 30, 2025, whose status had not expired and who committed no crime after Sept. 30, 2025.
- Young wrote that upon such proof, any alteration in status will be presumed to be retribution for exercising First Amendment rights during the case, shifting the burden to the government.
- He reiterated that DHS Secretary Kristi Noem, Secretary of State Marco Rubio and the president engaged in an "unconstitutional conspiracy" to chill pro‑Palestinian speech, and said the administration shows little understanding of the First Amendment.
- The article notes that, so far, AP is not aware of any AAUP or MESA members whose immigration status has been changed because of their participation in the lawsuit.
- It ties the order to the broader campaign that targeted more than 5,000 pro‑Palestinian protesters and references the Mahmoud Khalil case, where the 3rd Circuit recently reversed his release from immigration detention on jurisdictional grounds.