Tech

US Judge Halts Trump Administration’s Visa Crackdown on Tech Safety Researchers

US District Judge James Boasberg ruled that the administration’s enforcement of visa restrictions likely violated the First Amendment, citing a lack of evidence linking targeted researchers to foreign powers and concerns over chilled speech.

Author
Owen Mercer
Markets and Finance Editor
Published
Draft
Source: Ars Technica · original
Judge: Trump can’t deport researchers just for working in content moderation
Preliminary injunction blocks State Department from enforcing policy targeting content moderation and disinformation experts

US District Judge James Boasberg has granted a preliminary injunction preventing the State Department from enforcing a visa-restriction policy against non-US citizens employed in content moderation, disinformation research, and trust and safety roles. The ruling, issued on 15 July 2026, halts the deportation or green card revocation of researchers targeted by the Trump administration while the Coalition for Independent Technology Research (CITR) lawsuit proceeds.

Boasberg determined that the enforcement of the policy likely violated the First Amendment, noting that it chilled speech and lacked evidence connecting the targeted individuals to foreign powers. The policy authorised immigration investigations into non-citizens suspected of helping foreign adversaries manipulate public opinion by suppressing US speech. However, the judge found that the State Department had failed to prove that any of the five explicitly targeted researchers had connections to a foreign power attempting to censor Americans.

The injunction applies broadly to all non-citizens in content moderation roles, rather than being limited to CITR members, due to concerns that the policy created industry-wide uncertainty. Boasberg warned that the State Department was effectively placing its enforcement thumb against one side of the scale in the debate over content moderation versus censorship. He noted that officials cannot attach legal burdens to one side of a debate over whether practices constitute liberty or regulation, safety or suppression.

Among the first targets were Imran Ahmed, CEO of the Center for Countering Digital Hate, and Anna-Lena von Hodenberg and Josephine Ballon, CEOs of HateAid. Former European Commissioner Thierry Breton was also targeted, partly for his involvement with the Digital Services Act and correspondence with X. The State Department’s own investigation into whether European regulators were using the Digital Services Act to censor Americans concluded with no evidence of such overreach.

Researchers affected by the policy praised the ruling as a victory for free speech. Ahmed stated that seeking transparency about tech platforms is not censorship, but rather holding up a mirror to power. Von Hodenberg and Ballon emphasised that independent researchers must not be punished for understanding the risks posed by online platforms. Clare Melford, co-founder of the Global Disinformation Index, described the travel ban as an unacceptable attempt to interfere in the free market.

Secretary of State Marco Rubio had previously threatened to expand the list of targeted researchers, a move Boasberg cited as further evidence of the policy’s chilling effect. The judge did not declare the policy itself illegal, but rather found the enforcement against people working in content moderation without concerning ties to foreign governments to be unconstitutional. The State Department had argued that CITR lacked standing, but the judge accepted evidence that the policy had impaired reporting, increased costs, and diminished public-facing work for the coalition.

The ruling prevents the administration from using immigration status as a tool to penalise researchers based on their viewpoints. Boasberg highlighted a stark mismatch between the department’s asserted interest and the policy’s demonstrated operation. The decision ensures that lawful permanent residents and non-citizen researchers can continue their work in trust and safety without fear of deportation for simply performing their jobs.

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