In a sweeping rebuke of the Trump administration’s recent executive orders targeting non-citizen students and faculty, the American Civil Liberties Union (ACLU) on Tuesday issued a strongly worded open letter to college and university presidents across the country.
The letter warns of a direct assault on academic freedom, the First Amendment, and the fundamental role of higher education in fostering open discourse. At the heart of the ACLU’s concern is the administration’s attempt to weaponize immigration enforcement against students and faculty who express political views that the government finds objectionable.
The letter specifically addresses Executive Order 14161, entitled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” and Executive Order 14188, entitled “Additional Measures to Combat Anti-Semitism.” According to the ACLU, these orders represent an ideological purge targeting those who criticize the U.S. government, its policies, or its allies—particularly in the context of growing campus activism around Palestine and criticisms of American foreign policy.
The ACLU’s letter highlights how these executive orders attempt to enforce ideological conformity among non-citizen students and faculty. Executive Order 14161 directs the Secretary of State to take action against non-citizens who “espouse hateful ideology” or “call for the overthrow or replacement of the culture on which our constitutional Republic stands.” The broad and vague language of this directive, the ACLU warns, could easily be weaponized to punish students and faculty for political speech.
Meanwhile, Executive Order 14188 seeks to enlist universities in reporting non-citizen students and staff who engage in speech critical of Israel. The order directs federal agencies to provide institutions with legal frameworks for monitoring such individuals and ensuring that their actions lead to “investigations and, if warranted, actions to remove such aliens.”
A fact sheet accompanying the order, issued by the White House, makes explicit the administration’s intent: “quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before.”
The ACLU argues that such directives are unconstitutional, violating the First Amendment and the principles of academic freedom. The organization describes these measures as an “unprecedented attempt to pressure universities into silencing political dissent.”
The letter urges universities to resist these efforts and affirms their duty to protect free speech. “Institutions of higher learning play a key role in our democratic society,” the ACLU writes, emphasizing that universities have long been a place where dissenting ideas flourish.
The organization outlines four key principles that universities should adhere to in the wake of these executive orders:
- Defend Robust Discourse for All Students and Faculty, Regardless of Citizenship Status
The ACLU insists that universities must continue fostering open political discussion. It warns that allowing ideological policing on campuses would erode the very purpose of higher education. “American campuses also enable non-citizen students and faculty to more freely express themselves—including by expressing views that might be subject to heightened repression and censorship in their countries of origin,” the letter states.
- Universities Are Not Deputies of Immigration Law Enforcement
The Trump administration has suggested that institutions failing to comply with its directives could face consequences, including loss of federal funding. The ACLU, however, argues that universities are under no legal obligation to act as immigration enforcers. Citing legal precedents, the letter points out that courts have consistently ruled that the federal government cannot force state and local institutions to participate in immigration enforcement. If universities comply with these orders, the ACLU warns, they risk undermining the trust of students and faculty, while also violating anti-discrimination laws.
- Protect the Privacy of Immigrant and International Students
Federal privacy laws, including the Family Educational Rights and Privacy Act (FERPA), prohibit universities from disclosing student records without proper legal authorization. The ACLU calls on universities to safeguard the confidentiality of international students, warning that compliance with the Trump administration’s surveillance initiatives could open institutions to legal liability.
- Uphold Civil Rights Protections Under the Fourteenth Amendment and Title VI
The letter emphasizes that universities must continue to uphold anti-discrimination laws. It warns that selectively targeting students for deportation based on their political views or national origin could violate the Equal Protection Clause of the Fourteenth Amendment, as well as Title VI of the Civil Rights Act, which prohibits discrimination by federally funded institutions.
The ACLU argues that the administration’s crackdown is not about public safety but about silencing critics.
“The message is clear: immigrant students, faculty, and staff on college and university campuses should think twice before they criticize the United States or this Administration, express support for Palestinians, or condemn Israeli government policies—or indeed anything else President Trump and other federal officials might possibly find objectionable,” the letter warns.
The chilling effect of such policies could extend far beyond non-citizens. If universities become complicit in this ideological exclusion, they may inadvertently create an environment in which all students—citizen and non-citizen alike—self-censor out of fear of academic consequences.
The ACLU draws comparisons between the current crackdown and past government overreach. It notes that during the McCarthy era, academics were blacklisted for suspected communist sympathies. More recently, post-9/11 policies disproportionately targeted Muslim students and scholars, often leading to wrongful deportations and surveillance.
The letter warns that legal challenges are inevitable.
Courts have repeatedly ruled that the government cannot force private entities to act as censors on its behalf. The ACLU references Nat’l Rifle Ass’n of America v. Vullo, in which the Supreme Court ruled that the government may not pressure third parties into suppressing speech that it could not suppress directly.
The ACLU also points out that political speech is at the core of First Amendment protections. Citing New York Times v. Sullivan (1964) and Healy v. James (1972), the ACLU reminds universities that they have a legal and moral obligation to protect dissent, even when it is unpopular.
The Trump administration’s orders could have serious consequences for higher education, the ACLU warns. The United States currently hosts more than 1.1 million international students, making up over 5% of all students in higher education and 27% of graduate-level students. Many universities, particularly research institutions, rely on international scholars to drive innovation and contribute to global knowledge.
If these policies lead to mass visa cancellations, universities could face declining enrollment, reduced research output, and financial strain.
Moreover, the ACLU warns the U.S. risks damaging its reputation as a global leader in higher education. Countries such as Canada, the UK, and Australia could become more attractive destinations for international students seeking an environment free from political intimidation.
