Trump detains and attempts to deport a green card holder over his pro-Palestinian protests

The Trump administration recently dispatched federal agents to the home of Mahmoud Khalil, arresting him not because he’s undocumented or has committed any crime but seemingly solely because he partook in pro-Palestinian protests.

Khalil’s arrest came shortly after Donald Trump promised to crack down on college campus protests, which he insists are “illegal.” He seems to be growing increasingly agitated over Americans’ right to peaceful demonstrations and boycotts, not only calling them illegal but threatening student protestors with suspension, deportation, and even potential jail time while threatening those protesting Tesla with charges of “domestic terrorism.” Meanwhile, he wants the threat of deportation to extend even to green card holders, who are lawful permanent residents of the United States. His Secretary of State, Marco Rubio, confirmed the Trump administration intends to deport any green card holder who they accuse of being a Hamas supporter. Deporting a lawful permanent resident requires special circumstances, such as criminal activity, to be permissible. Deporting someone simply because the government doesn’t agree with their views is a profound violation of free speech, but Trump is trying to do just that.

Trump claims responsibility for arrest and detainment of Mahmoud Khalil

Recently, Trump proudly took credit for the jarring arrest of Khalil. The Trump administration sent federal agents to Khalil’s doorstep to have him arrested. These agents also threatened to arrest his wife, a legal U.S. citizen who is eight months pregnant. The agents showed up without a warrant, and they did not permit the pair to call their lawyer before they arrested Khalil. He is currently being held in an immigration detention center as the Trump administration pushes to revoke his green card and deport him. The administration might have had him deported immediately if a federal judge hadn’t blocked his deportation while reviewing the legality of his arrest.

It’s suspected that he was targeted due to his prominent role in Columbia University’s student-led protests. He became the face of the protest against the Gaza conflict, serving as a spokesperson and negotiator in the demonstrations. The Trump administration cannot legally deport Khalil because they don’t like his opinion, so it’s trying to evoke an obscure foreign policy element in the Immigration and Nationality Act, which suggests one can be deported if one poses a threat to foreign policy interests. The administration is trying to argue that Khalil is a threat because he “played a key part in were antisemitic and created a hostile environment for Jewish students at Columbia.”

However, that’s an opinion-based statement, not a factual one. Many argue that Khalil’s protests were peaceful and simply an example of him exercising his freedom of speech to vouch for Palestinian liberation, which he believes goes hand-in-hand with the liberation of Jewish people. Even if the White House had proof rather than just allegations or suspicion of antisemitic views expressed by Khalil, they would still be protected by the First Amendment, which extends to speech one might find objectionable or even hateful. So, there’s no way to argue that this arrest, detention, and potential deportation isn’t a violation of free speech.

Additionally, if the administration really tries to use the obscure foreign policy provision in the Immigration and Nationality Act, it’s opening a can of worms. The provision is so vague that, if accepted as grounds to deport Khalil, it will basically set a precedent for the Secretary of State to have sweeping power to revoke anyone’s green card because he personally thinks that they threaten U.S. foreign interests. Given that Trump has insisted Khalil’s arrest is the first of many, it seems the administration is riding on being able to abuse the vague policy provision to deport lawful residents for no other reason than disagreeing with their speech.