The Knight Institute and Georgetown Law's Institute for Constitutional Advocacy and Protection submitted amicus briefs in the Southern District of New York and, joined by the Roderick & Solange Macarthur Justice Center, in the Second Circuit, explaining the First Amendment concerns raised by the government’s retaliatory deportation of prominent immigrant rights activists like Ravi Ragbir.

The amicus briefs argued that the First Amendment bars the government from removing Ragbir from the United States in retaliation for his political speech. The briefs also argued that ICE's practice of targeting immigrants in retaliation for their protected speech burdens not only their own First Amendment rights, but the rights of community members who wish to hear what they have to say.

Status: On October 5, 2020, the Supreme Court vacated the Second Circuit’s judgment and remanded for further consideration in light of the Court’s ruling in DHS v. Thuraissigiam, 591 U. S. ___ (2020). On April 15, 2019, the Second Circuit had held that the courts have jurisdiction to consider whether the First Amendment prohibits ICE from targeting immigrants in retaliation for exercising their right to free speech.

Case Information: Ragbir v. Homan, No. 1:18-CV-1159 (S.D.N.Y.), No. 18-1597 (2d Cir.), No. 19-1046 (Supreme Court).