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The arrest and detention of Mahmoud Khalil is a blatant attack on the civil liberties without which there can be no meaningful democracy for anyone. Our dark days are getting darker by the moment.
“America, this republic, this democracy in which we are, is a living thing which cannot be contemplated or categorized, like the image of a thing I can make . . . . It is not and never will be perfect because the standard of perfection does not apply here. Dissent belongs to this living matter as much as consent does. The limitations on dissent are the Constitution and the Bill of Rights and no one else. If you ‘try to make America more American’ . . . you can only destroy it. Your methods, finally, are the justified methods of the police, and only the police.” —Hannah Arendt, “The Ex-Communists,” Commonweal (March 20, 1953).
Hannah Arendt, a German-Jewish immigrant, wrote the above words at the high point of McCarthyism in 1950’s America. It took courage for her to publish these words. For, as her biographer, Elizabeth Young-Bruehl, reports: “The attorney general of the democracy in which she was living had made a speech three days earlier in which he announced that 10,000 citizens were being investigated for denaturalization and 12,000 aliens for deportation as ‘subversives.”
Indeed Arendt’s husband, Heinrich Blucher, was a former communist who was especially vulnerable to the threats of the Attorney General, Albert Brownell. As Blucher himself had written in a letter to Arendt about Brownell’s revival of the harsh McCarran-Walters Act: “The acceptance without opposition of the dreadful new immigration bill has demoralized the best people here, so much so that the forces of the Left, which never really were put in motion, are stunned . . . It seems that one can now deprive someone of citizenship with a simple denunciation . . . And how soon these ‘Born American’ people could become a Master Race.”
That was then, and this is now.
Last weekend, U.S. Customs and Immigration Enforcement (ICE) arrested Khalil Mahmoud, a Columbia University graduate student, living in campus housing, who has been one of the leaders of the pro-Palestinian movement on campus. Mahmoud is a Palestinian who was born in Syria, who has been in the U.S. on a student visa, is currently holding a green card, and is married to a U.S. citizen. There is no evidence that he has ever engaged in a violent act. He was apparently arrested in accordance with the Trump Executive Order, “Additional Measures to Combat Anti-Semitism,” signed on January 29, 2025, and also in connection with the recently announced State Department “catch and revoke” policy, which employs AI tools to locate, detain, and deport international students considered to be pro-Palestinian and thus, by definition, “anti-Semitic.”
This is not about Hamas or Palestine or Israel or antisemitism. It is about the crackdown on dissent. Period.
Secretary of State Marco Rubio quickly acknowledged the action, announcing that “we will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” [It must be noted that a U.S. federal judge has just ordered a temporary halt to Mahmoud’s deportation. But it must be noted only parenthetically, because the halt is only temporary, and Mahmoud remains in ICE custody, and if there is any domain where the Trump administration can be relied upon to stick to its metaphorical—and actual—guns, it is this one.]
The arrest of Khalil is a major escalation in a “New Campus McCarthyism” that has beset U.S. higher education for at least the past two years. It follows hard on the Trump administration’s cancellation of over $400 million in Columbia University grants and contracts, and preceded by one day Tuesday’s announcement that the U.S. Department of Education has sent letters to 60 universities “under investigation for antisemitic discrimination and harassment.”
At the same time, what we are now experiencing is more than an attack on academic freedom and university autonomy. It is nothing less than a wholesale assault on constitutional democracy itself, by an authoritarian administration determined to “Make America Great Again,” the Constitution, and democracy, be damned. The arrest and detention of Mahmoud Khalil is a blatant attack on the civil liberties without which there can be no meaningful democracy for anyone. As columnist Michelle Goldberg put it in the New York Times, “This is The Greatest Threat to Free Speech Since the Red Scare.”
That this arrest and the policy behind it is being justified by this administration–with its Nazi-saluting “DOGE” head and neo-Nazi supporting Vice President and “fine people on both sides” President–as a defense of Jews is beyond cynical. And that many Jewish leaders apparently support this arrest is simply deplorable. For Trump clearly has no real interest in either Jews or Arabs, and is quite content to disrespect the former while trolling the latter, as he did on Elon Musk’s X, posting “Shalom, Mahmoud” above a caption that read: “ICE proudly apprehended and detained Mahmoud Khalil, a Radical Foreign Pro-Hamas Student on the campus of @Columbia University. This is the first arrest of many to come.” Trump followed up with an even more threatening Truth Social post:
We know there are more students at Columbia and other Universities across the Country who have engaged in pro-terrorist, anti-Semitic, anti-American activity, and the Trump Administration will not tolerate it. 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. We expect every one of America’s Colleges and Universities to comply.
But even more ominous was a statement Trump posted last week:
All Federal Funding will STOP for any College, School, or University that allows illegal protests. Agitators will be imprisoned/or permanently sent back to the country from which they came. American students will be permanently expelled or, depending on the crime, arrested. NO MASKS! Thank you for your attention to this matter.
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.
And while it involves the Education Department’s financial intimidation and punishment of universities, it also involves the coercive power of the federal government—through Homeland Security, Justice, and even Defense—to arrest those among us, regardless of their citizenship status, who engage in “anti-American” behavior as defined by Donald Trump, in other words, those who oppose what Trump is doing.
This should surprise no one. For Trump promised exactly this, in pretty much every speech he gave on the 2023-24 campaign trail, but never more directly that in his too-easily forgotten 2023 Veteran’s Day Speech:
We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections. They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream. . . the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within.
Trump is now doing what he promised. And all too many Americans are either excited that he is doing so or merely blasé about their president’s proud decision to literally take a torch to the U.S. Constitution.
Martin Niemöller’s famous saying has been quoted so many times that it is a veritable cliché. All the same, the sentiment it expressed is as true now as it ever was, and it is especially appropriate to note that it is featured on the website of the U.S. Holocaust Museum:
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
The arrest of Khalil Mahmoud is an offense to every citizen of the United States, and it sets a precedent that endangers us all.
Trump is turning the United States into a police state.
Are the tattered and tarnished instrumentalities of democracy still at our disposal sufficient to prevent him from succeeding? And if we do not exercise them now, how much longer will they even persist?
Our dark time is getting darker by the day.
Democratic leaders "helped create the conditions for this framing anti-genocide speech as antisemitic/terrorism," said one journalist.
The two highest-ranking Democratic members of Congress both call New York City home, but even with their personal connection to the city where immigration agents abducted a recent Columbia University graduate for his involvement in pro-Palestinian protests, Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries have had little to say about Saturday night's arrest.
Amid mounting calls from House progressives and advocacy groups for the immediate release of Mahmoud Khalil on Monday evening, Jeffries released a statement that one local rights group derided as "word salad," starting by accepting the Trump administration's narrative about the former student who helped organize last year's Palestinian solidarity encampment.
"To the extent his actions were inconsistent with Columbia University policy and created an unacceptable hostile academic environment for Jewish students and others, there is a serious university disciplinary process that can handle the matter," said Jeffries, calling on the Department of Homeland Security (DHS) to "produce facts and evidence of criminal activity... such as providing material support for a terrorist organization."
Jeffries noted that the Trump administration's arrest and detention of Khalil—which were carried out under the State Department's "catch and revoke" program—"are wildly inconsistent with the United States Constitution." His statement contrasted starkly with those of his progressive colleagues including Reps. Alexandria Ocasio-Cortez (D-N.Y.), Ilhan Omar (D-Minn.), and Rashida Tlaib (D-Mich.), who warned that the Trump administration is signaling "they can disappear US citizens too," and demanded Khalil's release.
The House leader's statement came after a federal judge blocked the administration from removing Khalil from the U.S. and reviewed a petition saying his detention is unlawful. Khalil is a legal resident with a green card and a citizen of Algeria.
The statement from Jeffries—who has faced condemnation for suggesting Democrats are powerless to stop President Donald Trump from imposing his agenda and has privately complained about demands for action from advocacy groups—offered the latest evidence that "he is impressively unsuited to the moment," as writer Noah Kulwin said.
Schumer, who is "the most powerful politician in New York State, and the highest ranking American Jewish elected official—locally famous for his retail politics and shaking everyone's hands at local events," had not released a statement on Khalil's detention at press time, noted local historian and community organizer Asad Dandia.
"Hakeem Jeffries and Chuck Schumer are not the men for this moment in history," saidNew Yorker staff writer Jay Caspian Kang. "So obvious and gets more obvious by the day."
Immigration and Customs Enforcement's (ICE) abduction of Khalil and efforts to have him deported—with Trump warning his arrest will be the "first of many"—came as Secretary of State Marco Rubio announced that under the "catch and revoke" program, the administration "will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported." On Sunday, DHS said the arrest was carried out "in support of President Trump's executive orders prohibiting antisemitism."
Supporters of Trump's actions have pointed to videos of Khalil being interviewed last year about the Columbia encampment and organizers' negotiations with Columbia officials to push for divestment from companies that have profited from Israel's policies in Gaza and the West Bank.
"Our demands are clear, our demands are regarding divestment from the Israeli occupation, the companies that are profiting and contributing to the genocide of our people," said Khalil in one video.
Adalah-NY, which supports calls for a boycott of Israel to protest its oppression and violence against Palestinians, said it was "no coincidence" that Jeffries offered tacit approval of the accusations against Khalil, considering his longtime vocal support for Israel.
"Fire Hakeem Jeffries," said Track AIPAC, which keeps track of donations lawmakers receive from the powerful American Israel Public Affairs Committee (AIPAC). Jeffries has taken $1.6 million from the lobbying group.
Musician Soul Khan asked whether Jeffries and Schumer are "trying to get Mahmoud Khalil out of ICE detention and ensure the security of his green card status," calling his abduction "the most urgent domestic crisis happening right now."
Journalist Kylie Cheung called Khalil's abduction, along with the order to "single out, detain, persecute someone for their political speech" coming directly from the president, "the purest distillation of fascism."
But with Democratic leaders, including former President Joe Biden, joining Republicans in claiming that student-led protests against Israel's U.S.-backed assault on Gaza were endangering Jewish students, said Cheung, the party "helped create the conditions for this framing [of] anti-genocide speech as antisemitic/terrorism."
"If the feds can snatch up an American green card holder for speech they don't like and get away with it, they won't stop here. They'll be able to erase the right to speech they don't agree with and kidnap anyone who dares resist."
Condemning the Trump administration and immigration officials for detaining and imprisoning Mahmoud Khalil over his involvement in pro-Palestinian demonstrations at Columbia University last year, U.S. Rep. Alexandria Ocasio-Cortez issued a warning for those who believe the arrest is an isolated incident rather than an indication of the president's approach to dissenters.
"If the federal government can disappear a legal U.S. permanent resident without reason or warrant, then they can disappear U.S. citizens too," said the New York Democrat. "Anyone—left, right, or center—who has highlighted the importance of constitutional rights and free speech should be sounding the alarm now."
Khalil, a graduate of Columbia who was a student at the school until December, was arrested by Immigration and Customs Enforcement (ICE) on Saturday evening as he was returning home to his university-owned apartment with his wife, who is eight months pregnant. He is reportedly being held in Central Louisiana ICE Processing Center, over a thousand miles away from home, while the Trump administration works to revoke his green card under the State Department's "catch and revoke" initiative launched last week with the goal of deporting students who are deemed to be "pro-Hamas."
Khalil, who is an Algerian citizen of Palestinian descent, was an organizer of the solidarity encampment that was erected on Columbia's New York City campus last spring to demand the school divest from companies that have supported Israel's bombardment of Gaza.
Jewish-led rights groups including Jewish Voice for Peace and IfNotNow were among those demanding his release on Monday, and a group of Columbia faculty members were preparing to give a press conference alongside Jewish leaders and immigrant rights defenders to speak out against "the unprecedented and unconstitutional arrest of a permanent resident and Columbia graduate student in retaliation for his political activity."
IfNotNow said that ICE had "abducted and disappeared" Khalil and that the attack on his constitutional rights "enables [President Donald] Trump's authoritarian consolidation of power against his political opponents.
The group condemned the Trump administration for "carrying out this authoritarian lurch under the guise of fighting for Jewish safety."
In New York, hundreds of people gathered Monday afternoon in front of the city's ICE office to demand Khalil's release.
Rep. Rashida Tlaib (D-Mich.), the only Palestinian-American member of Congress, said the arrest and efforts to deport Khalil are "an assault on our First Amendment and freedom of speech."
The Democrats on the Senate Judiciary Committee also spoke out against Khalil's arrest, noting that after he was taken away, his pregnant wife had "no idea where" he was. She attempted to visit him at a facility in Elizabeth, New Jersey, where she was told he was being held, but he was not there.
"This should terrify everyone," said the Democratic lawmakers. "So pro-'freedom of speech' that Republicans will DETAIN you if you disagree with them."
While Columbia University officials released statements in recent days about "reports of ICE around campus" and said the Ivy League school "has and will continue to follow the law," administrators have not spoken out about Khalil's detention or demanded his release.
Columbia administrators faced condemnation last year for their crackdown on student protests against the United States' support for Israel's assault on Gaza, which had killed tens of thousands of Palestinians when the demonstrations started, with ample evidence that Israel was targeting civilian infrastructure and not just Hamas targets.
Zeteoreported that Khalil reached out to the administration the day before his arrest, asking officials to "provide the necessary protections" and expressing fear over the Trump administration's threats.
Khalil told officials he had 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."
"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," Khalil wrote.
New York City Council member Chi Ossé said that "every Democratic politician and American with a conscience" should speak out against Khalil's detention.
"They're not doing this despite his rights," said Ossé. "They're doing this because of his rights—they're violating the Constitution on purpose, testing the fragile system to see what they can get away with... If the feds can snatch up an American green card holder for speech they don't like and get away with it, they won't stop here. They'll be able to erase the right to speech they don't agree with and kidnap anyone who dares resist."
Ossé called on all those who support civil and constitutional rights to "flood the phones" of members of Congress and demand they push for Khalil's release.