Tech Researchers Sue Trump Administration Over Visa Bans

Donald Trump’s Immigration Policy Targets Tech Researchers, Sparks Free Speech Lawsuit

Researchers who study online harms, content moderation, and misinformation are fleeing the United States or abandoning their work due to fears of deportation under the Trump administration’s immigration policies, according to a new federal lawsuit.

Filed Monday in Washington, D.C., the lawsuit alleges the administration is violating the First Amendment by denying visas to or threatening deportation of non-citizen academics who work in fields related to social media research, fact-checking, or content moderation—areas the government labels as “censorship” of Americans’ speech.

“The Trump administration is engaged in a brazen and far-reaching campaign of censorship while cynically and falsely claiming that censorship is what it’s fighting,” states the complaint, filed by Columbia University’s Knight First Amendment Institute and the legal nonprofit Protect Democracy on behalf of the Coalition for Independent Technology Research.

Several researchers spoke anonymously about their experiences, fearing that even their connection to the lawsuit could jeopardize their immigration status. An adjunct professor studying online child safety has already left the country over visa concerns. Another researcher with permanent resident status has shifted focus to “politically neutral” topics and stopped international travel. A third academic canceled public events promoting their book on disinformation, worried about losing their H-1B visa.

“These are researchers and scientists and students and teachers and nonprofit workers who are wondering, ‘Should I buy a house? Should I travel to this family member’s wedding? Should I start a new relationship?'” said Brandi Guerkink, executive director of the Coalition for Independent Technology Research. “Because they fear that their safety and their ability to stay in the United States without being subject to detention in harrowing conditions or deportation is at risk.”

The lawsuit names Secretary of State Marco Rubio, outgoing Homeland Security Secretary Kristi Noem, and Attorney General Pam Bondi as defendants.

The State Department responded with a statement defending its policies: “A visa is a privilege, not a right. The United States is under no obligation to admit or suffer the presence of individuals who subvert our laws and deny our citizens their Constitutional rights.”

The Department of Justice similarly stated that it “respects the First Amendment” and will “continue to defend against baseless lawsuits like this one that seek to weaken the Government’s authority to enforce federal law and make America less safe.”

The administration’s targeting of researchers began escalating in May when Rubio announced visa restrictions for “foreign officials and persons who are complicit in censoring Americans.” This policy was quickly implemented in July when the State Department revoked visas for members of Brazil’s Supreme Federal Court involved in prosecuting former President Jair Bolsonaro and temporarily banning Elon Musk’s X platform.

In December, the State Department instructed staff to reject visa applications from people working in fact-checking, online trust and safety, and combating misinformation. On December 23, Rubio announced visa bans on five Europeans, including former EU tech regulator Thierry Breton, who had clashed with Musk, and leaders of research groups focused on curbing online hate and disinformation.

Two of the banned individuals are members of the Coalition for Independent Technology Research: Imran Ahmed, who leads the Center for Countering Digital Hate, and Clare Melford, executive director of the Global Disinformation Index.

Ahmed, a U.S. permanent resident, is currently protected by a temporary court order blocking the government from detaining him while his separate lawsuit proceeds. Melford, a British citizen living in the UK, was notified by email she could not travel to the U.S. and canceled a planned January trip.

The lawsuit points out that Trump officials appear to have “singled out for punishment” researchers who have criticized X in particular—noteworthy given that Musk, X’s owner, was a major Trump donor and campaign supporter who briefly worked as a special government employee overseeing the Department of Government Efficiency effort.

“This policy appears to be so broad and vague that it casts a shadow over a vast range of protected activity,” said Naomi Gilens, counsel at Protect Democracy. “The professionals working to keep the internet safe are left in fear, wondering whether doing their jobs could cost them their visas or trigger detention or deportation.”

The chilling effect extends beyond those directly targeted. American researchers report disruptions to their work as non-citizen colleagues step back from projects out of fear. Some researchers now second-guess even private communications, “fearing that even their notes may later be seized, which could put others at risk of being targeted,” according to the complaint.

“People are losing funding and jobs for doing this work,” said Guerkink. “And this unjust censorship of research is really only growing with this policy.”