The US won’t back down from deporting noncitizen tech researchers who monitor online safety risks. In July, Judge James Boasberg blocked an immigration policy as unconstitutional, saying it could target any noncitizen in content moderation. The US appealed last week.

Two days earlier, Judge Loretta Preska ruled she lacked jurisdiction in a case by Imran Ahmed, founder of the Center for Countering Digital Hate (CCDH). Secretary of State Marco Rubio had deemed Ahmed a threat for lobbying and advocacy. Preska called out Rubio for claiming deportation was needed to protect free speech, but ruled courts couldn’t block removal proceedings.

Ahmed appealed and Preska extended a temporary restraining order, blocking detention or deportation until the appeals court rules. His fate now depends on the Second Circuit agreeing that federal courts can prevent illegal arrest and detention of a green card holder based on retaliation for speech criticizing tech companies.

Ahmed remains optimistic the Second Circuit will see through the policy’s plan to “broadly chill protected speech.”