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"The First Amendment does not come with a 'Palestine Exception,'" said the American-Arab Anti-Discrimination Committee, which filed the suit.
A lawsuit filed Saturday on behalf of two Cornell University graduates students and one professor at the Ivy League school in Upstate New York is challenging what plaintiffs are calling "the Trump administration's unconstitutional campaign against free speech—particularly as it targets international students and scholars who protest or express support for Palestinian rights."
"The lawsuit seeks a nationwide injunction of executive orders used by the administration to target and deport international students advocating for Palestinian freedom, rights, and liberation under the guise of protecting national security," explained the American-Arab Anti-Discrimination Committee (ADC), which sued on behalf of Ph.D. students Momodou Taal and Sriram Parasurama and professor Mukoma Wa Ngũgĩ.
Taal, a British-Gambian national, is facing possible deportation for his pro-Palestine activism on campus. Parasurama was arrested last October for protesting Israel's annihilation of Gaza at a career fair and was subsequently de-enrolled from Cornell and banned from the university's campus in Ithaca, New York for three years. Wa Ngũgĩ is a professor of literature who works with Taal. Parasurama and Wa Ngũgĩ are U.S. citizens.
"Defendants' attempt to bar non-citizens from criticizing the U.S. government, its institutions, American culture, or the government of Israel—and to prohibit citizens from hearing those views—serves no legitimate government interest in preventing terrorism or enforcing immigration laws," the lawsuit states. "The justifications offered are pretextual and dangerous. Criticism of the U.S. government does not constitute terrorism, and criticism of the Israeli government is not antisemitism."
Taal said in a statement that "the U.S. government claims to be zealous about free speech—except when it comes to Palestine."
"We've been here before: McCarthyism to civil rights to Vietnam, times when this country has deviated from its stated commitments to free speech," he continued. "This is another generational moment, another hour of reckoning. Why is there a Palestine exception?"
"Only in a dictatorship can the leader jail and banish political opponents for criticizing his administration" Taal added. "A nationwide injunction is therefore necessary while the court considers the merits."
Parasurama said: "These draconian executive orders aim to crack down on those willing to protest against our country's active role in the genocide of the Palestinian people. They are part of a broader moral crisis our nation is grappling with. This lawsuit allows us to recover our basic rights and protect international students like Momodou Taal."
Wa Ngũgĩ said that "I was born in the U.S. but grew up under the [Daniel arap] Moi dictatorship in Kenya in the 1980s. Students and people of conscience in Kenya were being detained, tortured, exiled or killed. My own family experienced the full brunt of this oppressive society. When I moved back to the U.S. in the early 1990s I could not foresee this attempt to chill free speech and directly attack our universities."
The Trump administration has invoked the president's January executive order authorizing the arrest, detention, and deportation of noncitizen students and others who took part in protests against Israel's assault on Gaza, which has left more than 170,000 Palestinians dead, maimed, or missing and around 2 million others forcibly displaced, starved, or sickened, according to local and international agencies. Israel's conduct in the war is the subject of an International Court of Justice genocide case brought by South Africa.
Last week, immigration authorities arrested Mahmoud Khalil, an Algerian citizen of Palestinian descent who helped Gaza protests at Columbia University while he was a graduate student there. Trump called Khalil's detention "the first arrest of many to come."
Pro-Israel activists played a role in Khalil's arrest. Shai Davidai, an assistant professor at Columbia who was temporarily banned from campus last year after harassing university employees, and Columbia student David Lederer have waged what Khalil called "a vicious, coordinated, and dehumanizing doxxing campaign" against him and other activists. The group Canary Mission last week released a video naming five other international students it says are "linked to campus extremism at Columbia."
The Department of Justice announced Friday that it is investigating whether pro-Palestinian demonstrators at over 60 colleges and universities including Columbia and Cornell violated federal anti-terrorism laws.
On Monday, ADC legal director and case co-counsel Chris Godshall-Bennett said that "this is one of those times people will look back on and ask what we did."
"We will not stand idly by while the government disappears its political opponents," he continued. "My family fled European antisemitism and came to the United States where our Constitution protects us from tyranny. My Jewish identity won't be used as an excuse to persecute the Palestinian people and its allies without a fight."
"This is one of those times people will look back on and ask what we did."
"Through this litigation, we seek both immediate and long-term relief to protect non-citizens from deportation and citizens from prosecution based on their constitutionally protected speech," Godshall-Bennett added.
Lead plaintiffs' counsel Eric Lee said that "this lawsuit aims to vindicate the rights of all non-citizens and citizens in the U.S., but the courthouse is only one arena in this fight."
"We appeal to the population: Stand up and exercise your First Amendment rights by actively and vigorously opposing the danger of dictatorship," Lee added. "As we prepare to mark the 250th anniversary of the American Revolution next year, recall the words from the Declaration of Independence: 'That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.'"
Pro-Palestine demonstrations continue at Cornell and on campuses across the nation and around the world. Last week, 17 activists led by the group Students for Justice in Palestine were
detained by police after interrupting a Cornell panel on the history of the so-called Israel-Palestine "conflict," whose members included former Israeli foreign minister and alleged war criminal Tzipi Livni.
Khalil's wife said that "officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
The family of Mahmoud Khalil, a legal permanent resident of the United States now at risk of deportation because he helped lead pro-Palestinian protests at Columbia University last spring, on Friday released a video of his recent arrest by U.S. Department of Homeland Security agents in New York City, which has sparked legal battles and protests.
"You're watching the most terrifying moment of my life," Khalil's wife, Noor, said in a statement about the two-minute video. "This felt like a kidnapping because it was: Officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
"Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
"They threatened to take me too, even though we were calm and fully cooperating. For the next 38 hours after this video, neither I or our lawyers knew where Mahmoud was being held. Now, he's over 1,000 miles from home, still being wrongfully detained by U.S. immigration," said Noor, whose husband is detained at a facility in Jena, Louisiana.
Noor, who is eight months pregnant, noted that "Mahmoud has repeatedly warned of growing threats from Columbia University and the U.S. government unjustly targeting students who want to see an end to Israel's genocide in Gaza. Now, the Trump administration and DHS are targeting him, and other students too."
"Mahmoud is clearly the first of many to be illegally repressed for their speech in support of Palestinian rights," she added. "Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
Khalil, who finished his graduate studies at Columbia in December, is an Algerian citizen of Palestinian descent. He was living in the United States with a green card until his arrest on Saturday. In response to a filing by his legal team—which includes Amy Greer from Dratel & Lewis, the Center for Constitutional Rights (CCR), and the Creating Law Enforcement Accountability & Responsibility (CLEAR) project—a judge has temporarily blocked his deportation.
The ACLU and its New York arm have joined Khalil's legal team, and his attorneys filed an amended petition and complaint on Thursday. NYCLU executive director Donna Lieberman said that with the new "filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government. The Trump administration has selectively targeted Mr. Khalil, a student, husband, and father-to-be who has not been accused of a single crime, to send a message of just how far they will go to crack down on dissent."
"But we at the NYCLU and ACLU won't stand for it—under the Constitution, the Trump administration has no basis to continue this cruel weaponization of Mr. Khalil's life," Lieberman added. "The court must release Mr. Khalil immediately and let him go home to his family in New York, where he belongs. Ideas are not illegal, and dissent is not grounds for deportation."
Samah Sisay of CCR reiterated those messages as the arrest video circulated on Friday, saying that "Mr. Khalil was taken by plainclothes DHS agents in front of his pregnant wife without any legal justification. Mr. Khalil must be freed because the government cannot use these coercive tactics to unlawfully suppress his First Amendment protected speech in support of Palestinian rights."
Betar—which the pro-Israel Anti-Defamation League has blacklisted after comments like "not enough" babies were killed in Gaza—says it provided "thousands of names" for possible arrest and expulsion.
Betar, the international far-right pro-Israel group that took credit for the Department of Homeland Security's arrest of former Columbia University graduate student and permanent U.S. resident Mahmoud Khalil for protesting the annihilation of Gaza, claimed this week that it has sent "thousands of names" of Palestine defenders to Trump administration officials for possible deportation.
"Jihadis have no place in civilized nations," Betar said on social media Friday following the publication of a Guardianarticle on the extremist group's activities.
Earlier this week, Betar said: "We told you we have been working on deportations and will continue to do so. Expect naturalized citizens to start being picked up within the month. You heard it here first. Those who support jihad and intifada and originate in terrorist states will be sent back to those lands."
Betar has been gloating about last week's arrest of Khalil, the lead negotiator for the group Columbia University Apartheid Divest during the April 2024 Gaza Solidarity Encampment.
On Thursday, immigration officers arrested another Columbia Gaza protester, Leqaa Kordia—a Palestinian from the illegally occupied West Bank—for allegedly overstaying her expired student visa. Kordia was also arrested last April during one of the Columbia campus protests against the Gaza onslaught.
On Friday, the Department of Homeland Security (DHS) said that Ranjani Srinivasan, an Indian doctoral student at Columbia whose visa was revoked on March 5 for alleged involvement "in activities supporting" Hamas—the Palestinian resistance group designated as a terrorist organization by the U.S. government—used the Customs and Border Protection's self-deportation app and, according to media reports, has left the country.
Khalil and Kordia's arrests come as the Trump administration targets Columbia and other schools over pro-Palestinian protests under the guise of combating antisemitism, despite the Ivy League university's violent crackdown on demonstrations and revocation of degrees from some pro-Palestine activists.
U.S. President Donald Trump, who in January signed an executive order authorizing the deportation of noncitizen students and others who took part in protests against Israel's war on Gaza, called Khalil's detention "the first arrest of many to come."
The Department of Justice announced Friday that it is investigating whether pro-Palestinian demonstrators at the school violated federal anti-terrorism laws. This followed Thursday's search of two Columbia dorm rooms by DHS agents and the cancellation earlier this month of $400 million worth of funding and contracts for Columbia because the Trump administration says university officials haven't done enough to tackle alleged antisemitism on campus.
On Friday, Betar named Mohsen Mahdawi, a Palestinian studying philosophy at Columbia, as its next target.
Critics have voiced alarm about Betar's activities, pointing to the pro-Israel Anti-Defamation League's recent designation of the organization as a hate group. Founded in 1923 by the early Zionist leader Ze'ev Jabotinsky, Betar has a long history of extremism. Its members—who included former Israeli Prime Ministers Yitzhak Shamir and Menachem Begin—took part in the Zionist terror campaign against Palestinian Arabs and British forces occupying Palestine in the 1940s.
Today, Betar supports Kahanism—a Jewish supremacist and apartheid movement named after Meir Kahane, an Orthodox rabbi convicted of terrorism before being assassinated in 1990—and is linked to Israeli Prime Minister Benjamin Netanyahu's Likud Party. The group has called for the ethnic cleansing and Israeli recolonization of Gaza. During Israel's assault on the coastal enclave, which is the subject of an International Court of Justice genocide case, its account on the social media site X responded to the publication of a list of thousands of Palestinian children killed by Israeli forces by saying: "Not enough. We demand blood in Gaza!"
Ross Glick, who led the U.S. chapter of Betar until last month, told The Guardian that he has met with bipartisan members of Congress who support the group's efforts, naming lawmakers including Sens. Ted Cruz (R-Texas) and John Fetterman (D-Pa.). Glick also claimed to have the support of "collaborators" who use artificial intelligence and facial recognition to help identify pro-Palestine activists. Earlier this month, the U.S. State Department said it was launching an AI-powered "catch and revoke" program to cancel the visas of international students deemed supportive of Hamas.
Betar isn't alone in aggressively targeting Palestine defenders. The group Canary Mission—which said it is "delighted" about Khalil's "deserved consequences"—publishes an online database containing personal information about people it deems antisemitic, and this week released a video naming five other international students it says are "linked to campus extremism at Columbia."
Shai Davidai, an assistant professor at Columbia who was temporarily banned from campus last year after harassing university employees, and Columbia student David Lederer, have waged what Khalil called "a vicious, coordinated, and dehumanizing doxxing campaign" against him and other activists.
Meanwhile, opponents of the Trump administration's crackdown on constitutionally protected protest rights have rallied in defense of Khalil and the First Amendment. Nearly 100 Jewish-led demonstrators were arrested Thursday during a protest in the lobby of Trump Tower in New York City demanding Khalil's release.
"We know what happens when an autocratic regime starts taking away our rights and scapegoating and we will not be silent," said Sonya Meyerson-Knox, the communications director for Jewish Voice for Peace. "Come for one—face us all."