Trump immigration crackdown enters new waters with arrest of Mahmoud Khalil
The arrest of a Columbia University graduate marks a significant escalation in President Trump's immigration crackdown, with a lawful permanent resident who has not been charged with any crime now being held in U.S. custody.
The Trump administration is making clear that green card holder Mahmoud Khalil, who has a court appearance set for Wednesday, is being targeted over his participation in pro-Palestinian campus demonstrations.
Trump said Monday that Khalil would be the first of many foreign students deported as “terrorist sympathizers.”
Legal experts say the intention is obvious: to frighten other would-be activists and to chill political protests. They also say Khalil's detention poses serious constitutional problems.
“Particularly for green card holders in the United States, they're entitled to almost the full scope of First Amendment rights that U.S. citizens are as well. And so, taking action to strip someone of a green card or deport them from this country based solely on their political speech or participation in political protests would almost certainly be unconstitutional,” said Carolina DeCell, a senior staff attorney for the Knight First Amendment Institute at Columbia.
“I would say this appears to be part of a broader effort to chill the speech of political opponents, or people with whom this administration disagrees on political issues, and it sets a really terrible precedent,” DeCell added.
The case follows a promise Trump made on the campaign trail that he would arrest and deport foreign students who participated in the pro-Palestinian encampments last year.
The encampments led to more than 2,000 arrests across the nation, with some schools moving classes online or canceling graduation ceremonies.
The president and some of his allies made no distinction between those supporting the Palestinian cause and those backing Hamas, a U.S.-designated terror group.
“Many are not students, they are paid agitators. We will find, apprehend, and deport these terrorist sympathizers from our country — never to return again. If you support terrorism, including the slaughtering of innocent men, women, and children, your presence is contrary to our national and foreign policy interests, and you are not welcome here,” Trump wrote on social media.
But experts say the First Amendment applies to all, even if there is support for terrorist groups involved. In general, it is illegal to give such groups material support, such as cash, but a vocal agreement with their views, as long as there is no call to illegal action, is still permissible.
The details of the administration's case against Khalil remain unclear, and the Foundation for Individuals Rights and Expression (FIRE) has written a letter to the Trump administration demanding to know the cause for his arrest.
“We're concerned in the absence of information justifying the arrest. One can infer that he's been arrested because of his criticism of the United States's policy toward the conflict in Gaza, and his criticism of the Israeli government, and the First Amendment forbids the government from punishing people for their political viewpoints,” said Will Creeley, legal director for FIRE.
“If we had some kind of evidence of lawbreaking — let's say, engaging in violence, engaging in destruction of property, some kind of criminal activity, then Mr. Khalil would still be entitled to due process. ... The lack of transparency, and the statements from the administration today, which focus on Mr. Khalil’s political views, are chilling,” Creeley said.
While the Trump administration is claiming they can deport even immigrants who are in the country legally, only an immigration judge can revoke someone’s green card status.
Many foreign students do not have a green card and are in the U.S. on a student visa, which can be canceled for more reasons, such as criminal concerns, prolonged absence from school, giving incorrect information or changing schools without permission.
Amy Greer, Khalil’s attorney, told The Hill that when Immigration and Customs Enforcement (ICE) came to arrest him Saturday, they claimed his student visa was revoked, and even after he informed the officers of his green card status, they still arrested him.
Greer said the ICE agents also threatened Khalil’s wife, who is eight months pregnant and a U.S. citizen.
"We will vigorously be pursuing Mahmoud’s rights in court, and will continue our efforts to right this terrible and inexcusable — and calculated — wrong committed against him. ICE’s arrest and detention of Mahmoud follows the U.S. government’s open repression of student activism and political speech, specifically targeting students at Columbia University for criticism of Israel’s assault on Gaza," she said.
Khalil was reportedly moved to a detention center in Louisiana, but Monday, a federal district judge blocked any further efforts to deport him, scheduling a hearing in the case for Wednesday morning.
“To preserve the Court’s jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise,” U.S. District Judge Jesse M. Furman said in his order.
According to draft memos written by ICE during the first Trump administration and obtained by the Knight First Amendment Institute, removing a foreign national based on speech would be very difficult, even in cases of supporting terrorist groups.
The draft ICE memo said for nonresident aliens, a category that includes most student visa holders, using the Immigration and Nationality Act “is most likely to be defensible in circumstances where a nonresident aliens has endorsed or supported not terrorist activity of any kind, but terrorist activities that can reasonably be characterized as posing a threat to the national security of the United States or the security of its nationals.”
The Trump administration is not the only one taking fire for the arrest.
Columbia University has told students it is not allowing ICE into nonpublic parts of campus without a judicial warrant but will “continue to follow the law.”
The school is clearly set to be a prime target for the Trump administration, which has canceled some $400 million in federal contracts and grants to it due to its alleged inaction against antisemitism on campus.
“It's not just the Trump administration here that's at fault. There's also Columbia, who hasn't yet condemned the arrest or the arbitrary detention of Mahmoud. They have yet to call for him to be released — not that I've seen, publicly,” said Sabiya Ahamed, staff attorney at Palestine Legal.
“And I think if the university is going to make it clear that it's there to protect students against anti-Palestinian oppression,” Ahamed added, then administrators need to speak out and say they’re "not going to collaborate or cooperate with ICE in any sort of way.”
Topics
-
New Yorkers Protest as White House Defends Arrest of Mahmoud Khalil at Columbia
Hundreds of demonstrators marched downtown while a spokeswoman for President Trump said the president had the authority to detain Mahmoud Khalil.The New York Times - 4h -
Wife details arrest of Palestinian activist Mahmoud Khalil as judge blocks deportation
The wife of Palestinian activist Mahmoud Khalil said she and her husband were returning to their apartment after breaking their Ramadan fast when immigration agents confronted them and arrested ...NBC News - 15h -
Federal judge blocks deportation of Palestinian activist Mahmoud Khalil
A federal judge has blocked the deportation of a Palestinian activist and Columbia University graduate whom federal immigration agents arrested in New York on Saturday. Mahmoud Khalil, who helped ...CBS News - 1d -
Protest to support Mahmoud Khalil leads to arrests at New York City Hall
Students marched from Washington Square Tuesday to protest the arrest of Mahmoud Khalil, a pro-Palestinian activist at Columbia University. Some arrests were made at City Hall.CBS News - 7h -
Trump says arrest of Palestinian activist at Columbia first of "many to come"
President Trump warned that the arrest of prominent Palestinian activist Mahmoud Khalil by federal immigration authorities is the first "of many to come."CBS News - 1d -
Trump administration briefing: Mahmoud Khalil’s detention, ‘Trumpcession’ fears and gutting USAid
From cries of ‘McCarthyism’ over Palestinian activist’s detention to fears over a ‘Trumpcession’ – key US politics stories from Monday at a glance. The Trump administration’s decision to have ...The Guardian - 1d -
What to know about pro-Palestinian activist Mahmoud Khalil's arrest
More protests are expected Tuesday over the Trump administration's attempt to deport pro-Palestinian activist Mahmoud Khalil. Khalil is accused of antisemitic activity for his role in helping lead ...CBS News - 12h -
Federal Judge Blocks Government From Removing Mahmoud Khalil From the U.S.
Immigration officers arrested a Columbia University graduate for helping lead campus protests against Israel’s treatment of Palestinians. President Trump said the case was “the first arrest of many ...The New York Times - 1d -
Arrest of pro-Palestinian activist sparks protests in New York
Mahmoud Khalil, a recent Columbia University graduate and legal permanent resident, was arrested by federal immigration agents at his apartment. Khalil has helped lead pro-Palestinian protests at ...NBC News - 1d
More from The Hill
-
Judge declines to block DOGE from taking over African development agency
A federal judge on Tuesday declined to block the Department of Government Efficiency (DOGE) from taking over the U.S. African Development Foundation (USADF). U.S. District Judge Richard Leon ...The Hill - 1h -
Lutnick says Trump tariffs 'worth it' even if they lead to recession
Commerce Secretary Howard Lutnick said Tuesday that President Trump’s tariff policies will be worth it, even if the economy ends up in a recession. In an interview that aired Tuesday, CBS News’s ...The Hill - 2h -
Democrat wins special election for Minnesota state House seat
Minnesota Democratic-Farmer-Labor (DFL) candidate David Gottfried is projected to win a special election for a seat in the Minnesota House, according to Decision Desk HQ. Gottfried, a pro bono ...The Hill - 2h -
GOP Rep. Mark Harris says Trump has done 'tremendous job' making case against Education Department
Rep. Mark Harris (R-N.C.) said on Tuesday that President Trump successfully made the case against the Department of Education during his 2024 campaign, leading more Republicans to support the ...The Hill - 2h -
Sununu on possible Senate bid: 'I have not ruled it out completely'
Former New Hampshire Gov. Chris Sununu (R) said he is considering running for Senate after previously rejecting the possibility. “I have not ruled it out completely, but folks in Washington have ...The Hill - 4h
More in Politics
-
Judge declines to block DOGE from taking over African development agency
A federal judge on Tuesday declined to block the Department of Government Efficiency (DOGE) from taking over the U.S. African Development Foundation (USADF). U.S. District Judge Richard Leon ...The Hill - 1h -
Lutnick says Trump tariffs 'worth it' even if they lead to recession
Commerce Secretary Howard Lutnick said Tuesday that President Trump’s tariff policies will be worth it, even if the economy ends up in a recession. In an interview that aired Tuesday, CBS News’s ...The Hill - 2h -
Democrat wins special election for Minnesota state House seat
Minnesota Democratic-Farmer-Labor (DFL) candidate David Gottfried is projected to win a special election for a seat in the Minnesota House, according to Decision Desk HQ. Gottfried, a pro bono ...The Hill - 2h -
GOP Rep. Mark Harris says Trump has done 'tremendous job' making case against Education Department
Rep. Mark Harris (R-N.C.) said on Tuesday that President Trump successfully made the case against the Department of Education during his 2024 campaign, leading more Republicans to support the ...The Hill - 2h -
Sununu on possible Senate bid: 'I have not ruled it out completely'
Former New Hampshire Gov. Chris Sununu (R) said he is considering running for Senate after previously rejecting the possibility. “I have not ruled it out completely, but folks in Washington have ...The Hill - 4h