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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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Third Judge Blocks Trump's 'Wildly Unconstitutional' Attack on Birthright Citizenship
"While this is just the first of many similar challenges we will face over the coming years, it is an important one because it again reaffirms the fundamental civil rights of American citizens," said one advocate.
Feb 10, 2025
Democracy defenders and migrant rights groups celebrated on Monday after a New Hampshire-based federal judge temporarily blocked Republican U.S. President Donald Trump's attempt to end birthright citizenship for children of people who are not in the country legally, the third to do so in under three weeks.
"Today's ruling is the latest rebuke of President Trump's wildly unconstitutional bid to end birthright citizenship," said Cody Wofsy, who is deputy director of the ACLU's Immigrants' Rights Project and argued the case. "This attempt to deny babies their citizenship is as illegal as it is inhumane, and we will keep fighting until we stop this order for good."
Opponents of Trump's executive order argue that it clearly conflicts with the 14th Amendment to the U.S. Constitution and over a century of legal precedent. The new preliminary injunction from District Judge Joseph Laplante followed similar decisions by Judge John Coughenour in Washington state and Judge Deborah Boardman in Maryland.
"Birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution."
According toThe Associated Press, "At least nine lawsuits have been filed to challenge the birthright citizenship order."
Laplante, an appointee of Republican President George W. Bush, found that the plaintiffs were likely to succeed on the merits of their claims and to suffer irreparable harm if he didn't block Trump's order. The judge also concluded that potential harm to plaintiffs absent any action outweighed possible damage to defendants, and that issuing the injunction was in the public interest.
This challenge against Trump's order was launched by the ACLU and the group's Maine, Massachusetts, and New Hampshire arms as well as the Asian Law Caucus (ALC), State Democracy Defenders Fund, and Legal Defense Fund on behalf of New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York.
"Today's injunction reaffirms what we already know: that birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution," said Jose Lopez, co-executive director of the grassroots group Make the Road New York.
"Our members come from all over the world with courage and resilience to make better lives for their families," Lopez continued. "We are grateful that this injunction means that their children will be treated equally to anyone else born in this country. It is what we all deserve, and we will keep fighting to make sure it is a reality."
ALC executive director Aarti Kohli similarly welcomed that "Trump's unconstitutional executive order is blocked for now, affirming the rights of thousands of Asian immigrants—working parents, asylum-seekers, students—who came here to find opportunity and safety."
Kohli also pointed to the U.S. Supreme Court's 1898 decision in United States v. Wong Kim Ark, in which the majority ruled that under the 14th Amendment, a young man born in California to Chinese citizen parents was an American.
"Instead of improving living conditions for all, this administration is creating chaos and fear to further a divisive agenda," she said. "Just as Wong Kim Ark and his community came together over a century ago, we will continue to fight for the freedom to create a better life for our loved ones."
Trump's order to end birthright citizenship is just part of his sweeping assault on migrants. Since returning to office last month, he's also effectively shut down the asylum process at the southern border, reinstated the "Remain in Mexico" policy, and pursued a mass deportation plan that involves locking up migrants in federal prisons and at the U.S. naval base in Guantánamo Bay, Cuba.
Juan Proaño, chief executive officer of LULAC, tied the injunction out of New Hampshire to the broader fight against Trump.
"Today's ruling further confirms that American citizens are indeed American citizens and that no one, not even a president, can take that away," said Proaño. "While this is just the first of many similar challenges we will face over the coming years, it is an important one because it again reaffirms the fundamental civil rights of American citizens and their immigrant family members."
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'Historic': NC Gov. Cooper Commutes 15 Death Sentences
Calling Cooper "courageous," executive director of the state's ACLU noted that with this decision, the Democrat "has commuted more death sentences than any governor in North Carolina's history."
Jan 01, 2025
Death penalty abolitionists are praising former North Carolina Gov. Roy Cooper for one of his final actions in office: The Democrat on Tuesday commuted the sentences of 15 men on death row to life in prison without the possibility of parole.
Term-limited Cooper—who passed the torch to Democratic Gov. Josh Stein on Wednesday after eight years in office—announced the decision following a campaign by racial justice advocates and outgoing President Joe Biden's decision last week to commute the sentences of 37 people on federal death row to counter an expected killing spree under President-elect Donald Trump.
Although no executions have occurred in North Carolina in nearly two decades due to ongoing litigation, Cooper received clemency petitions from 89 of the 136 people on death row in the state, according to his office. After reviewing each case, the governor—who previously served as the state's attorney general for 16 years—granted 15.
"These reviews are among the most difficult decisions a governor can make, and the death penalty is the most severe sentence that the state can impose," Cooper said in a statement. "After thorough review, reflection, and prayer, I concluded that the death sentence imposed on these 15 people should be commuted, while ensuring they will spend the rest of their lives in prison."
Big news in North Carolina: Governor Cooper, on his final day in office, commuted the sentences of 15 people on death row. (That's roughly 10% of the state's row.) www.npr.org/2024/12/31/g... We had reported last year on the urgent campaign to get Cooper to commute on his way out:
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— Taniel ( @taniel.bsky.social) December 31, 2024 at 7:35 PM
Welcoming the announcement, Chantal Stevens, executive director of ACLU of North Carolina, said that "with this action, Gov. Cooper has commuted more death sentences than any governor in North Carolina's history and joins the ranks of a group of courageous leaders who used their executive authority to address the failed death penalty."
"We have long known that the death penalty in North Carolina is racially biased, unjust, and immoral, and the governor's actions today pave the way for our state to move towards a new era of justice," Stevens continued. "This historic decision, following President Biden's decision to commute the sentences of 37 people on federal death row, reflects growing recognition that the death penalty belongs in our past, not our future."
"With 121 people still on death row in our state, we know there is much more work to be done to realize that vision, and the ACLU of North Carolina will continue to advocate for the end of the death penalty once and for all," she added.
Thank you Gov. Roy Cooper for sparing 15 lives from the death penalty. The carceral system should not be allowed to use taxpayer dollars to put people to death – it's the cruelest and only irreversible punishment. #ncpol www.cbs17.com/news/north-c...
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— Prison Policy Initiative ( @prisonpolicy.bsky.social) December 31, 2024 at 4:32 PM
Stevens' group as well as the national ACLU's Capital Punishment Project, the Center for Death Penalty Litigation (CDPL), the Legal Defense Fund (LDF), and Durham attorney Jay H. Ferguson have represented Hasson Bacote, who brought the lead case challenging the death penalty under North Carolina's Racial Justice Act (RJA).
Bacote, a 38-year-old Black man convicted of first-degree murder in Johnston County in 2009, was among those who had their sentences commuted on Wednesday. According to Cooper's office, the other 14 men are:
- Iziah Barden, 67, convicted in Sampson County in 1999;
- Nathan Bowie, 53, convicted in Catawba County in 1993;
- Rayford Burke, 66, convicted in Iredell County in 1993;
- Elrico Fowler, 49, convicted in Mecklenburg County in 1997;
- Cerron Hooks, 46, convicted in Forsyth County in 2000;
- Guy LeGrande, 65, convicted in Stanly County in 1996;
- James Little, 38, convicted in Forsyth County in 2008;
- Robbie Locklear, 52, convicted in Robeson County in 1996;
- Lawrence Peterson, 55, convicted in Richmond County in 1996;
- William Robinson, 41, convicted in Stanly County in 2011;
- Christopher Roseboro, 60, convicted in Gaston County in 1997;
- Darrell Strickland, 66, convicted in Union County in 1995;
- Timothy White, 47, convicted in Forsyth County in 2000; and
- Vincent Wooten, 52, convicted in Pitt County in 1994.
"We are thrilled for Mr. Bacote and the other... people on death row who had their sentences commuted by Gov. Cooper today," said Cassandra Stubbs, director of the ACLU's Capital Punishment Project. "This decision is a historic step towards ending the death penalty in North Carolina, but the fight for justice does not end here. We remain hopeful that the court will issue a ruling under the state's Racial Justice Act in Mr. Bacote's case that we can leverage for relief for the many others that still remain on death row."
The North Carolina General Assembly passed the RJA, which barred seeking or imposing the death penalty based on race, in 2009. Although state legislators then repealed the law in 2013, the North Carolina Supreme Court ruled in 2020 that those who had already filed claims under it should still receive hearings.
Bacote's evidentiary hearing began last February, and the court heard closing arguments in August. LDF senior counsel Ashley Burrell noted Tuesday that "the RJA hearing demonstrated that racial bias infiltrates all death penalty cases in North Carolina, not just Mr. Bacote's and those in Johnston County."
Shelagh Kenney, deputy director of the Durham-based CDPL, similarly said that "Mr. Bacote brought forth unequivocal evidence, unlike any that’s ever been presented in a North Carolina courtroom, that the death penalty is racist."
"Through years of investigation and the examination of thousands of pages of documents, his case revealed a deep entanglement between the death penalty and North Carolina's history of segregation and racial terror," Kenney added. "We are happy Mr. Bacote got the relief he deserves, and we hope Gov. Cooper's action will be a step toward ending North Carolina's racist and error-prone death penalty for good."
NC Newslinereported that "the commutations came as inmates in North Carolina face a ticking clock on the death penalty, which has been on hold for nearly 20 years amid challenges to the punishment's legality. Should the courts in North Carolina rule against those challenges, executions could resume with haste, as dozens of the state's death row inmates have exhausted all other avenues for appeal."
Separately on Tuesday, Cooper announced commutations for 54-year-old Brian Fuller, who has served 27 years after being convicted of second-degree murder in Rockingham County, and 63-year-old Joseph Bromfield, 63, who has served 34 years after being convicted of first-degree murder in Cumberland County. They will both become parole eligible immediately.
Cooper also pardoned 43-year-old Brandon Wallace, who was convicted of conspiracy to traffic cocaine and marijuana in Lee County in 2007, and 53-year-old John "Jack" Campbell, who was convicted of selling cocaine in Wake County in 1984
The decisions capped off Cooper's two terms as governor, during which he often had to contend with Republicans' veto-proof legislative majorities. Due to that experience, the Democrat frequently faces speculation that he may pursue federal office.
"If you're going to run for public office again, you must have your heart and soul in it, you must have the fire in the belly," Cooper
toldThe Associated Press in December, explaining that he plans to spend the next few months considering his future. "I'm going to think about how I can best contribute to the things that I care about."
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