Immigration officials’ deportation actions taken toward an outspoken critic of the Trump administration’s policies were “outrageous” enough to justify a First Amendment defense against removal, a divided U.S. Court of Appeals for the Second Circuit panel ruled Thursday.

Circuit Judges Pierre Leval and Christopher Droney said statements made by the Immigration and Customs Enforcement field director in New York City about Ravidath Ragbir’s public comments and actions ahead of an attempt to deport him constituted retaliation against speech that “implicates the apex of protection under the First Amendment.”