The Trump administration used an obscure legal statute to try to deport Mahmoud Khalil, a recent Columbia University graduate and lawful permanent resident of the United States, who helped lead campus protests against Israel. Khalil, who has Palestinian heritage, was arrested in New York over the weekend and sent to a detention center in Louisiana. President Trump stated that Khalil’s arrest was just the beginning and that the administration will not tolerate pro-terrorist, anti-Semitic, or anti-American activities on college campuses. Khalil’s case has raised concerns over free speech rights and the administration’s increasing crackdown on immigration and liberal universities.
The legal authority for Khalil’s arrest has not been publicly stated by the administration. However, it is believed that Secretary of State Marco Rubio relied on a provision of the Immigration and Nationality Act that allows for the deportation of aliens whose presence or activities in the United States are believed to have serious adverse foreign policy consequences. The government accused Khalil of leading activities aligned with Hamas, although he has not been accused of direct involvement with the group. The administration argues that the anti-Israel protests led by Khalil were antisemitic and created a hostile environment for Jewish students at Columbia.
The attempt to deport Khalil under this statutory provision is likely to face a constitutional challenge since he is a lawful permanent resident protected by the First Amendment free-speech rights and Fifth Amendment due-process rights. Legal experts have raised concerns about the weaponization of the Immigration and Nationality Act to remove individuals with whom the administration disagrees. The case is causing confusion over the procedural steps that would need to be taken, including whether an immigration judge would need to formally revoke Khalil’s green card.
During his presidential campaign in 2024, Trump made clear his intention to crack down on foreign students participating in anti-Israel protests. He framed this plan in terms of canceling student visas, not expelling lawful permanent residents. The use of this provision by the Secretary of State is considered an escalation and is raising concerns about the weaponization of immigration laws to target individuals based on their speech. Khalil’s lawyers are expected to pursue a constitutional challenge in federal court, although it is unclear where the legal proceedings will take place.
Mr. Rubio’s meeting with Crown Prince Mohammed bin Salman of Saudi Arabia in Jeddah to discuss efforts to end the war in Gaza suggests that the Trump administration remains committed to supporting Israel in the conflict. The administration’s actions regarding Khalil and other individuals deemed to be pro-terrorist or anti-Semitic indicate a broader crackdown on immigration and free speech rights. The case has sparked debate over the boundaries of free speech, foreign policy implications, and the protection of lawful permanent residents’ rights under the Constitution. The outcome of Khalil’s legal challenge could have far-reaching implications for immigration enforcement and free speech protections in the United States.
