What's at stake in the Mahmoud Khalil deportation fight?
Vague accusations and First Amendment concerns


The Trump administration moved this week to deport Mahmoud Khalil, a recent Columbia University graduate of Palestinian heritage who once led campus protests against Israel's war in Gaza. Critics say Khalil's arrest is a threat to the First Amendment and to the rights of Americans everywhere.
Khalil is a lawful permanent resident — a green card holder — who "isn't charged with a crime," said NPR. The Trump administration instead said he should be deported for protest activities that it "equates with antisemitism and support for terrorism" committed by Hamas. One obstacle, however, is that legal experts say green card holders have free speech rights. The Constitution "does not distinguish between citizens and non-citizens" when it comes to the First Amendment, said Georgetown Law professor David Cole. If the government cannot punish a citizen for speech, it also cannot "deport a foreign national for their speech."
The administration has "invoked an obscure statute" in its effort to expel Khalil, said The New York Times. The Immigration and Nationality Act of 1952 gives Secretary of State Marco Rubio "sweeping power" to deport foreigners that authorities believe pose "potentially serious adverse foreign policy consequences for the United States."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
'Mixed signals' about justification
The government has not presented "any indication of violent or obviously criminal behavior" by Khalil, said Andrew C. McCarthy at the National Review. However, green card holders have no right to "join with groups that endorse or espouse terrorist activity." If the federal government can prove that Khalil was in a Columbia University group that "endorsed or espoused Hamas' atrocities against Israel," it should be able to deport him, McCarthy said.
The Trump administration has offered "mixed signals" about its justification, said Aaron Blake at The Washington Post. Officials have vaguely suggested that Khalil committed a crime, while other times they have suggested the deportation effort is part of a broader push against "antisemitism and anti-Americanism." Without a detailed accusation, the "risk is that all kinds of speech could qualify" legal permanent residents for punishment, Blake said. Khalil's deportation "could be one of the most important free speech cases in recent American history."
A threat to the First Amendment?
President Donald Trump said the possible deportation is the first "of many to come," said The Associated Press. The government "will find, apprehend, and deport these terrorist sympathizers from our country," the president added on social media. But a federal judge on Monday ordered officials to keep Khalil in the United States pending a legal challenge to the expulsion.
The arrest of Khalil is a "trial run," said Adam Serwer at The Atlantic. The president's comments on the case suggest he is "using the power of the state to silence people who express political views that Trump dislikes." Such threats to the First Amendment will not end with Khalil, nor with other noncitizens. If the government can detain an individual because it does not like their politics, "then no one is safe."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Trump says he could bring back Ábgego García but won't
Speed Read At a rally to mark his 100th day in office, the president doubled down on his unpopular immigration and economic policies
-
How might Democratic fundraising survive Trump's ActBlue investigation?
Today's Big Question Critics say the president is weaponizing the Justice Department
-
'We are not safer by sacrificing others'
instant opinion Opinion, comment and editorials of the day
-
Trump's 100-day approval ratings at historic low
Speed Read Americans appear to be wary of Trump's sweeping tariffs and handling of the economy
-
Why is Crimea a sticking point between Russia and Ukraine?
Today's Big Question Questions over control of the Black Sea peninsula are stymying the peace process
-
What does the NIH do?
The Explainer The federal agency 'towers over' medical research. But it is facing cuts.
-
With Dick Durbin's retirement, where do Democrats go from here?
TODAY'S BIG QUESTION The number two Senate Democrat's pending departure is a pivotal moment for a party looking for leadership in the second Trump administration
-
Nayib Bukele: the Salvadoran ally in Trump's deportation machine
In the Spotlight El Salvador's popular strongman rose to power promising to make his country safe