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.
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."
