New documents unsealed Thursday as a part of litigation brought by The Intercept and other news outlets reveal a critical discrepancy in Secretary of State Marco Rubio’s rationale for attempting to deport five international students and academics last year.

While Rubio and the Trump administration claimed in public that they wanted to deport students including Mahmoud Khalil and Yunseo Chung for supporting terrorism, internal Department of Homeland Security and State Department documents instead cite their advocacy for Palestinian rights in protests and writings — activities protected by the First Amendment.

Rubio and the administration have repeatedly conflated pro-Palestinian speech with support for Hamas, which the U.S. designates as a terrorist organization, but a DHS memo shows the government did not find any evidence that Chung or Khalil provided “material support” — meaning cash payment, property, or services — to any terror group. Even in their own communications, DHS and the State Department acknowledged they were in uncharted territory and likely to face backlash.