The American Civil Liberties Union (ACLU) has issued an open letter to colleges and universities across the United States, urging them to resist federal pressure that could lead to surveillance or punishment of international students and faculty based on constitutionally protected speech. This move follows two executive orders signed by President Trump in January 2025, which have raised concerns about potential impacts on campus free speech.
Executive Order 14161, titled “Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats,” was signed on January 20, 2025. A subsequent order, Executive Order 14188, titled “Additional Measures to Combat Anti-Semitism,” was signed on January 29, 2025. These orders, along with recent communications from the White House, have prompted the ACLU's response.
The issue gained further attention after a Truth Social post by President Trump threatened to cut federal funding for any educational institution allowing what he termed "illegal protests." He also suggested that "agitators" could face imprisonment or deportation.
Cecillia Wang, legal director of the ACLU and co-author of the letter, expressed concern over these developments. “It is disturbing to see the White House threatening freedom of speech and academic freedom on U.S. college campuses so blatantly," she stated. She emphasized solidarity with university leaders committed to free speech and open debate.
The ACLU alleges that the White House is pressuring universities to target immigrant and international members of their communities who exercise First Amendment rights. The letter provides four principles for universities regarding campus speech:
1. Encourage robust discussion regardless of nationality or immigration status.
2. Avoid acting as deputies in immigration law enforcement.
3. Protect student privacy.
4. Comply with the 14th Amendment and Title VI of the Civil Rights Act.
Esha Bhandari, deputy director of the ACLU’s Speech, Privacy, and Technology Project, added: “The federal government cannot mandate expulsion of students or threaten funding cuts to punish constitutionally protected speech on campus.”
Since 2023, this marks the fourth set of guidance from the ACLU directed at universities. Numerous ACLU affiliates have engaged in legal actions or provided additional resources related to campus protests.
