EXPLAINER: Why Marco Rubio's arguments for deporting noncitizens for speech are wrong

October 23, 2025 1 min read

Angel Eduardo 
FIRE 

Excerpt: In August, FIRE sued Secretary of State Marco Rubio for violating the First Amendment. Since March, Rubio and the Trump administration had been detaining and attempting to deport legally present noncitizens for protected speech — including writing op-eds and attending protests — because they disliked that speech.

This, as FIRE has argued, is unconstitutional. Noncitizens in the United States have First Amendment rights, and Rubio’s use of these provisions not only violates those rights, but also showcases why the two provisions are unconstitutional and must be struck down to the extent they allow adverse immigration action based on protected speech.

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