Secretary of State Marco Rubio said in Budapest that the United States will continue revoking visas for foreign nationals whose actions are viewed as contrary to U.S. foreign policy or national security, asserting that entry into the country is a privilege rather than a right.
Appearing alongside Hungarian Prime Minister Viktor Orbán, Rubio responded to a Reuters question that referenced recent federal court decisions blocking deportation efforts against international students to which he spoke forcefully about visa authority.
“A visa is not a right. There is no constitutional right to a visa,” Rubio said. “A visa is permission to enter our country as a visitor.”
SECRETARY RUBIO: I've said this repeatedly. I don't know why it's so hard for some to comprehend it.
— Department of State (@StateDept) February 16, 2026
No one is entitled to a visa.
If you enter our country as a visitor and undertake activities against the national interests of the United States, we will take away your visa. pic.twitter.com/Y9hWlZpKBX
He continued: “If you enter as a visitor—student, tourist, journalist—and engage in activities against our national interest or national security, we will revoke your visa. If we had known beforehand, we probably would not have issued it.”
Rubio said that while courts may review aspects of deportation proceedings, they do not dictate foreign policy. “The decision to remove someone after a visa is revoked belongs to other agencies,” he said. “As for judges, they are a separate branch of government. They are not going to tell us how to conduct foreign policy.”
No judge is going to tell the executive branch how to conduct foreign policy because that's not up to them. It's up to the executive branch. pic.twitter.com/TvLwISL6sD
— Department of State (@StateDept) February 16, 2026
The exchange comes as the administration faces legal setbacks over its efforts to detain and deport several foreign students and scholars who have spoken out in support of Palestinian rights. In one widely publicized case, Turkish doctoral student Rümeysa Öztürk was detained in March 2025 after her student visa was revoked. The Department of Homeland Security said investigations determined that she had engaged in activities in support of Hamas. Her attorneys have disputed that characterization, arguing that she was targeted for co-authoring a campus newspaper opinion piece critical of her university’s response to the Gaza war.
An immigration judge later ruled there were no grounds for deportation. Her attorney described the decision as an affirmation of the rule of law. A federal court subsequently ordered her release from detention, and in December a judge allowed her to resume research and teaching while her immigration case proceeds.
In another case, U.S. District Judge William G Young ruled that a policy of detaining and deporting non-citizen scholars for pro-Palestinian views violated the Constitution and was designed to chill free speech. Writing that non-citizens lawfully present in the United States have the same First Amendment protections as citizens, Young rejected the government’s argument that foreign policy considerations justified the removals.
The administration has maintained that it holds broad authority to revoke visas and initiate removal proceedings when it determines an individual’s presence threatens U.S. interests. A State Department spokesperson said the country is “under no obligation” to admit or retain foreign nationals who advocate violence or support designated terrorist organizations.
Rubio’s remarks reinforced that position, arguing that visa issuance and revocation fall squarely within executive authority. As legal challenges move through the courts, the tension between national security discretion and constitutional protections for non-citizens remains at the center of the debate.
