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Experts Warn Trump Legal Claims for Mahmoud Khalil Arrest Portend Rise of Fascist Police State
"This targeting sends a chilling message to people across this country, on and off campuses, that anyone exercising their rights will be subject to repression, detention, and possible deportation," said one advocate.
Mar 12, 2025
As a federal judge on Wednesday extended an order temporarily banning the deportation of Mahmoud Khalil and new details emerged about the Trump administration's arguments for trying to expel him, legal experts and other commentators continued to express alarm over the targeting of the green-card holder involved with pro-Palestinian protests at Columbia University last year.
In a Wednesday statement, Legal Defense Fund president and director-counsel Janai Nelson cited President Donald Trump's recent Truth Social post that described Khalil as "a Radical Foreign Pro-Hamas Student" and pledged that "this is the first arrest of many to come."
Nelson warned that "the arrest of Mahmoud Khalil, and President Trump's promise that there will be more arrests to come, is a chilling presentiment that raises serious concerns about this administration's misuse of immigration enforcement personnel to curtail and punish constitutionally protected First Amendment activity. The Trump administration's tactics aim to stoke fear and signal that dissent will result in harmful immigration consequences and other forms of oppression that may include surveillance, violence, detainment, and even potential deportation."
"The law is clear," she stressed. "The First Amendment guarantees demonstrators the right to peacefully assemble and dissent without government retaliation. We demand due process and human and civil rights protections for Mr. Khalil and all lawful protesters. His treatment should alarm everyone who believes in the primacy of the U.S. Constitution and, especially, First Amendment freedom and equal protection under law."
Khalil, an Algerian citizen of Palestinian descent, finished his studies at Columbia in December. He was arrested by Immigration and Customs Enforcement agents in New York City on Saturday while returning home with his pregnant wife, a U.S. citizen who said that "ICE officers hung up the phone on our lawyer." He is being held at an immigration detention center in Jena, Louisiana.
The Washington Postreported Wednesday that "a determination by Secretary of State Marco Rubio is so far the Trump administration's sole justification for trying to deport" him. The newpaper obtained a notice informing Khalil that he faces deportation under the Immigration and Nationality Act because Rubio "has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States."
Rubio on Wednesday suggested to reporters that Khalil supports Hamas, which has goverened the Gaza Strip for nearly two decades and is designated as a terrorist group by the United States. The secretary said that "this is not about free speech. This is about people that don't have a right to be in the United States to begin with... No one has a right to a green card."
Khalil's lawyers said in a Monday filing that as a Palestinian, he "has felt compelled to be an outspoken advocate for the human rights of Palestinians, including on the campus of Columbia University," and "he is committed to calling on the rest of the world to protect the rights of Palestinians under international law and to stop enabling violence against Palestinians."
Last year's protests at Columbia and other campuses came as Israeli forces responded to a Hamas-led attack on Israel by waging a devstating U.S.-backed military assault on Palestinians in Gaza, resulting in widespread allegations of genocide.
The administration's attempt to deport Khalil and Trump's signal that other pro-Palestinian advocates will face similar attacks have provoked intense outrage. Khalil's legal team includes lawyers with the ACLU and the Center for Constitutional Rights (CCR), which launched proceedings challenging his detention and seeking his return to New York.
"This is clearly an attempt to deport Mahmoud by exploiting a vague and overly broad provision of U.S. immigration law," CCR's Brad Parker told the Post. "This provision, if not reined in, will be exploited to pursue the deportation of anyone who disagrees with the administration's foreign policy agenda. This is not about security, this is about absolute executive power and repression."
Paul O'Brien, executive director at Amnesty International USA, also weighed in with Wednesday statement, calling Khalil's arrest "another attack on human rights by the Trump administration" and emphasizing that "each and every one of us—regardless of immigration status—has the right to peaceful assembly, freedom of expression, and due process."
"Targeting and threatening peaceful protesters and their immigration status for the content of their protest, such as advocating for the human rights of Palestinians, is a violation of human rights," he said. "This targeting sends a chilling message to people across this country, on and off campuses, that anyone exercising their rights will be subject to repression, detention, and possible deportation. And for the immigrant communities already living in fear throughout the U.S., they are now only further pushed into the shadows with fear that they could be deported for speaking out."
In addition to demanding Khalil's immediate release, O'Brien called on universities to "take steps to protect their immigrant students from ICE enforcement and ensure that the human rights of all of their students and faculty to protest in support of Palestinian rights and other issues is respected and protected."
As Common Dreams reported earlier Wednesday, Khalil's wife said in a detailed account of their recent experiences that her husband had emailed Columbia University the day before his arrest, seeking legal support, and had never heard back.
Jeffrey C. Isaac, a political science professor at Indiana University Bloomington, argued in a Wednesday opinion piece for Common Dreams that "this is not about Hamas or Palestine or Israel or antisemitism. It is about the crackdown on dissent. Period. Foreign 'agitators,' American 'agitators,' it makes no difference."
"The arrest of Khalil Mahmoud is an offense to every citizen of the United States, and it sets a precedent that endangers us all," Isaac added. "Trump is turning the United States into a police state."
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'Bring Him Home': Mahmoud Khalil's Wife Describes 'Nightmare' Arrest, Demands His Safe Return
"Khalil's abduction, in its cruelty and unlawfulness, has horrified people around the country. Let us be clear: This is what fascism looks like, and it is part of a much broader campaign," said the director of Palestine Legal.
Mar 12, 2025
When legal resident and Palestinian student activist Mahmoud Khalil was arrested by U.S. Department of Homeland Security agents on Saturday, his 8-months pregnant wife was with him. In a statement released Tuesday, Khalil's wife recounted the couple's encounter with DHS and begged for her husband's release.
"I demand the U.S. government release him, reinstate his green card, and bring him home," said Khalil's wife, who is not named in the statement.
Khalil, who completed his graduate coursework at Columbia University in December in December and played a prominent role in pro-Palestine protests at the campus last year, was confronted by immigration agents on March 8 who said they were acting on State Department orders to revoke his student visa. Khalil's lawyer told the agents that Khalil has a green card, and the agents said that that had been revoked, too, according to Khalil's attorney.
"This last week has been a nightmare," said Khalil's wife, who said that Mahmoud had emailed Columbia University the day before his arrest and asked the university for legal support because he had been the target of an "intense and targeted doxxing campaign." That email went unanswered, she said.
"Anti-Palestinian organizations were spreading false claims about my husband that were simply not based in reality," she said.
The couple was confronted by Immigration and Customs Enforcement (ICE) agents after coming home from an Iftar dinner in the later evening on Saturday. An officer told Khalil's wife to go upstairs, but she refused, according to the statement.
"The officers later barricaded Mahmoud from me," she said. "We were not shown any warrant and the ICE officers hung up the phone on our lawyer. When my husband attempted to give me his phone so I could speak with our lawyer, the officers got increasingly aggressive, despite Mahmoud being fully cooperative."
She said that the officers handcuffed Khalil and forced him into an unmarked vehicle. "Watching this play out in front of me was traumatizing: It felt like a scene from a movie I never signed up to watch," she said. "I am pleading with the world to continue to speak up against his unjust and horrific detention by the Trump administration."
After Khalil was arrested on Saturday he was transferred multiple states away to an ICEprocessing center in Jena, Louisiana.
A federal judge on Monday temporarily halted the Trump administration's effort to deport Khalil, and on Wednesday Khalil's legal defense is set to appear in court for a hearing before that same judge.
"Khalil's abduction, in its cruelty and unlawfulness, has horrified people around the country. Let us be clear: This is what fascism looks like, and it is part of a much broader campaign," said Dima Khalidi, the founder and director of Palestine Legal, in an article for The Nation published Tuesday.
U.S. President Donald Trump, who has pledged to crack down on pro-Palestine protesters on university campuses, said Khalil's arrest is "the first arrest of many to come."
The administration accuses Khalil of supporting Hamas, but neither White House Press Secretary Karoline Leavitt, DHS, nor ICE have provided evidence to support their accusations against Khalil, according to CNN.
Reuters reported that the judge could order Khalil's release, but deportation proceedings could still continue in a separate immigration court, teeing up a test of "where immigration courts draw the line between protected free speech and alleged support for groups the United States calls terrorists."
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Mahmoud Khalil’s Detention Brings Us to the Edge of a Dystopian Future
Trump decided to up the ante against young activists with this action against Khalil, hoping it gets wide publicity to cow any other students who may consider protesting any policies of his.
Mar 12, 2025
U.S. President Donald Trump and his police-state goons are trying to frighten people who dare even come close to people protesting his or Israeli Prime Minister Benjamin Netanyahu’s policies. This is how dictators intimidate citizens, how freedom dies, and is a clear violation of our Constitution.
And, in all probability, this is just the beginning of what historians will someday define as a very ugly episode in American history.
Mahmoud Khalil, a Syrian-born Palestinian green card-holder who graduated from Columbia University’s School of International and Public Affairs with a master’s degree and is married to an American who’s now eight-months pregnant, was seized from his New York residence over the weekend and transported to a barbarous detention facility in Louisiana.
Will students—groaning under the weight of more than a trillion dollars in debt—find the courage to take to the streets like my generation did almost 60 years ago?
He had previously worked for the British Embassy in Beirut, where he’d earned his undergraduate degree in computer science at the Lebanese American University. A legal permanent resident of the United States, he has not been accused of breaking any law.
The day before his seizure, he’d appealed directly to Katrina Armstrong, interim president of Columbia University, according to reporting at Zeteo, writing on March 7, the day before he was snatched away from his family and transported over a thousand miles away:
Since yesterday, I have been subjected to a vicious, coordinated, and dehumanizing doxxing campaign led by Columbia affiliates Shai Davidai and David Lederer who, among others, have labeled me a security threat and called for my deportation.
Their attacks have incited a wave of hate, including calls for my deportation and death threats. I have outlined the wider context below, yet Columbia has not provided any meaningful support or resources in response to this escalating threat.
I haven’t been able to sleep, fearing that ICE or a dangerous individual might come to my home. I urgently need legal support, and I urge you to intervene and provide the necessary protections to prevent further harm.
The First Amendment of the U.S. Constitution—which applies to every “person” in the United States, not just U.S. citizens—is unambiguous:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (emphasis added)
As Ann Coulter—yes, that Ann Coulter—wrote on Xitter:
There’s almost no one I don’t want to deport, but, unless they’ve committed a crime, isn’t this a violation of the First Amendment?
Speaking of that, first President George Washington noted:
If men are to be precluded from offering their sentiments on a matter, which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use to us; the freedom of speech may be taken away, and dumb and silent we may be led, like sheep, to the slaughter.
Benjamin Franklin was equally explicit:
Freedom of speech is a principal pillar of a free government: When this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.
But Donald Trump was having none of it; speech with which he disagrees is to be brutally punished:
“ICE proudly apprehended and detained Mahmoud Khalil, a Radical Foreign Pro-Hamas student on the campus of Columbia University,” the president bragged on his Nazi-infested social media site. “This is the first arrest of many to come.”
Khalil’s “crime” appears to have been his taking on the role of a high-profile negotiator between protesting students and the university, trying to achieve a peaceful resolution of the anti-Gaza-bombing students’ complaints.
As The New York Times reported:
Mr. Khalil’s arrest drew outrage from students and faculty at the university. Joseph Howley, a classics professor at Columbia, described him as brave, yet mild-mannered and gentle—a “consummate diplomat” who worked to find middle ground between protesters and school administrators.
Mr. Howley, who has known Mr. Khalil for about a year, having met him after Mr. Khalil began speaking out in campus protests, said he was frustrated by depictions of Mr. Khalil as a dangerous person.
“This is someone who seeks mediated resolutions through speech and dialogue,” he said. “This is not someone who engages in violence, or gets people riled up to do dangerous things. So it’s really disturbing to see that kind of misrepresentation of him.”
Dictatorial regimes around the world have a long history of opposing peaceful protest, particularly by students. Young people in Russia who speak out against President Vladimir Putin’s brutal invasion and ongoing bombing campaign against civilians in Ukraine, for example, are frequently imprisoned for multiple years in barbaric gulags.
This is because student protests have a long history of successfully producing profound social and political change. It’s unlikely, for example, that the Vietnam War would have resolved when and the way it did without the student protests Louise and I participated in during the late 1960s and early 1970s.
Student protests have, for example, a long and storied history including:
- Student Nonviolent Coordinating Committee (SNCC) protests against segregated lunch counters in the South that led to the Civil Rights Act of 1965;
- The Free Speech Movement at UC Berkeley (1964-65), led by Mario Savio, which inspired student movements across the nation;
- Greta Thunberg’s Fridays for Future movement, which sparked youth protests across the world;
- The Soweto Uprising of 1976 saw thousands of Black South African students protest against apartheid; the brutal response drew international attention, bolstering the global anti-apartheid movement;
- The Iranian Student Revolution of 1979, which led to the Shah fleeing the country;
- The 1989 student-led Velvet Revolution in Czechoslovakia, which led to a peaceful transition to democracy in that nation; and
- The student-led Hong Kong Umbrella Movement of 2014 which, although it was eventually sadistically crushed, helped awaken the world to the brutality of the Chinese Communist regime.
Even former President Richard Nixon, wannabe fascist that he was, didn’t consider arresting and deporting students for speaking out, although former President Ronald Reagan’s far more subtle solution was to end free college and thus raise the stakes for student protestors who could lose scholarships or get thrown out of school saddled with massive debt and no degree.
Trump decided to up the ante even further with this action against Khalil, hoping it gets wide publicity to cow any other students who may consider protesting any policies of his; it’s extremely unlikely this type of action will be limited to protests against what Human Rights Watch, Médecins Sans Frontières, and Amnesty International have called Israel’s genocide in Gaza and ethnic cleansing on the West Bank: He doesn’t want students in America protesting in any way at any time.
As a result, we stand on the edge of the fulfillment of Washington’s and Franklin’s explicit warnings of a possible dystopian future.
Will students—groaning under the weight of more than a trillion dollars in debt—find the courage to take to the streets like my generation did almost 60 years ago?
Will Trump next go after student protestors who are American citizens?
Will any elected Republicans find their spine, courage, or principles to defy his takedown of the work our Founders fought and died for?
As they say in the radio business, stay tuned…
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