The Right to Speak Freely

What is claimed to have happened:

Mahmoud Khalil was arrested by U.S. immigration authorities because of his prominent role in pro-Palestinian activism at Columbia University. The government contends that his participation in protests—and, according to some accounts, the distribution of materials they claim are aligned with Hamas—poses “serious adverse foreign policy consequences” under an obscure provision of the Immigration and Nationality Act.

What actually happened:

Mahmoud Khalil was arrested not for any criminal conduct but as a direct retaliation for his pro-Palestinian activism and political expression. His detention is a punitive measure designed to silence his First Amendment rights. It’s an effort to punish him for engaging in speech and association protected by the Constitution.

Since his arrest

Mahmoud Khalil has been held in immigration detention. Initially forcibly taken from his university housing in New York, he was transferred to a detention facility in Louisiana. His legal team has since obtained a court order temporarily blocking his deportation, and they are actively challenging the legality of his detention. Additionally, there have been efforts to secure his release so he can be with his family—especially given that his wife, a U.S. citizen, is eight months pregnant. His lawyers also recently gained permission from the court for a privileged attorney-client phone call, allowing him to communicate with his legal team despite the heavily restricted conditions of his detention.

Khalil’s immediate risks:

• Risk of Deportation: The Trump administration uses an obscure provision of the Immigration and Nationality Act to argue that Khalil’s presence could harm U.S. foreign policy. If this legal challenge is ultimately unsuccessful, he faces the risk of being deported—even though he is a lawful permanent resident.

• Transfer to More Restrictive Jurisdictions: His case could also be moved from New York to a federal court in Louisiana or New Jersey, where courts tend to be more conservative. Such a move might expose him to harsher detention conditions and accelerate removal proceedings.

• Concerns Over Harsh Detention Conditions: His detention in Louisiana has already drawn comparisons to extreme confinement practices. His attorneys worry that prolonged detention under these conditions could resemble some of the harsh realities seen at facilities like Guantánamo.

Core Arguments in His Defense:

• Violation of Free Speech and Due Process: Khalil’s detention is a retaliatory action for his pro-Palestinian advocacy. The government’s decision to target him stems from his political views and not from any criminal activity, making the detention directly infringing his First Amendment rights.

• Misuse of an Obscure Immigration Provision: The government relies on a rarely-used provision of the Immigration and Nationality Act, which allows the revocation of a green card if a person’s presence is believed to have “serious adverse foreign policy consequences.” This provision is obviously being misapplied to silence dissent rather than protect national security.

• Precedent and Constitutional Concerns: The Secretary of State’s unilateral determination under this obscure statute should not be allowed to override core constitutional protections. The detention is not only legally flawed but also politically motivated, setting a dangerous precedent for the suppression of lawful speech.

Why does this matter?

If National security can be so easily used to shut down the constitutional speech of a legal greencard holder, it is only a matter of time before this lawless administration finds new and novel ways to apply that legal principal to whoever and whatever speech they disagree with. This is a rubicon that should not be crossed.

All of the following people and organizations have links to take you to their sites.

Who is defending Mahmoud? He has a core team of lawyers: Amy Greer (of Dratel & Lewis) and Ramzi Kassem (founding director of CLEAR). I have included links to both the law firm and Clear. His core team is getting support from the New York Civil Liberties Union (NYCLU) and the National American Civil Liberties Union (ACLU).

GoFundME

In addition to his legal defense, a GoFundme page has been set up through Chuffed.org to provide funding for:

Legal Defense and Advocacy: Ensuring Mahmoud has access to vigorous legal representation and resources for his case.

Bail & Bond Assistance: If required, ensure Mahmoud can be released as soon as possible.

Family Support: Helping Mahmoud’s pregnant wife and unborn child during this crisis to cover essential living costs and other arising costs.

Medical and Health-Related Needs: Addressing any urgent healthcare expenses for Mahmoud and his family, including costs related to the birth of their baby.

Long-Term Justice Efforts: Supporting future efforts to hold those responsible for his unlawful detention accountable.

Why should I care?

This issue is not about support for Israel or the Palestinians. It is about protecting our right to free speech; Mahmoud could just as easily have been a Jewish speaker in the 1930s, an apartheid speaker in the 1980’s or a Peacenik in the 1960s.