American Association of University Professors v. Rubio (AAUP appeal 2026)
Case Overview
The government appealed Judge Young's post-trial judgment, entered after a nine-day bench trial, in favor of the American Association of University Professors, which found unlawful the administration's policy of revoking visas and removing noncitizen students and faculty based on protected political speech.
Legal Issues
The Application
The district court found that the executive orders directing visa revocation tied explicitly to the visa holders' political expression violate the First Amendment by conditioning visa status on suppression of protected speech. The government's appeal challenges this ruling.
The Conclusion
The First Circuit is reviewing Judge Young's September 30, 2025 post-trial ruling in AAUP's favor, entered after a nine-day bench trial under Federal Rule of Civil Procedure 52(a). The appeal is a consolidated cross-appeal, Nos. 26-1141 and 26-1195, with the government as appellant and cross-appellee and AAUP as appellee and cross-appellant. The government filed its principal brief on July 9, 2026, AAUP filed its cross-appellant brief on August 5, 2026, and several unions and civil liberties groups have since filed amicus briefs in support of AAUP. The case remains active on appeal, examining whether visa revocation based on political speech violates the First Amendment.
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