Photo Source: Google

In a move that legal experts argue is unconstitutional, the Trump administration is deporting foreign nationals who participate in pro-Palestinian protests, raising concerns about free speech violations. Lawyers representing detained Columbia University student Mahmoud Khalil have challenged the administration’s actions in court, arguing that his arrest is a direct attack on First Amendment rights.

“The government’s unlawful policy of targeting noncitizens for arrest and removal based on protected speech is…viewpoint discrimination in violation of the First Amendment,” Khalil’s legal team, led by Amy Belsher of the New York Civil Liberties Foundation, stated in a Thursday night court filing. They are demanding that U.S. District Judge Jesse Furman in Manhattan order Khalil’s immediate release.

However, the Justice Department has defended its actions, with a spokesperson stating, “Being in the United States as a non-citizen is a privilege, not a right … Mahmoud won’t be missed.”

Khalil’s detention has become a flashpoint in President Donald Trump’s vow to deport noncitizen participants in the pro-Palestinian protests that erupted on U.S. college campuses following Hamas’ October 2023 attack and Israel’s military response.

The government claims that Khalil, 30, is subject to deportation because Secretary of State Marco Rubio determined that his presence or activities could have “serious adverse foreign policy consequences for the United States.”

Legal experts note that the provision cited by the government, from the 1952 Immigration and Nationality Act, has rarely been used, leaving little legal precedent for courts to assess its constitutionality. Khalil’s lawyers argue the statute was never intended to silence political dissent.

Despite these claims, the government has not provided specific evidence of how Khalil could harm U.S. foreign policy. Trump, without offering proof, has accused him of supporting Hamas, while Rubio has called for noncitizen protesters who disrupt campus life to have their visas revoked.

Khalil’s attorneys strongly reject these accusations, describing him as a “mediator and negotiator.” They pointed to a 2024 interview with CNN in which he stated, “I believe that the liberation of the Palestinian people and the Jewish people are intertwined.”

Khalil, a lawful U.S. permanent resident of Palestinian descent, was arrested by Department of Homeland Security agents on Saturday night at his Manhattan university residence. He was first detained in New Jersey before being flown to a Louisiana immigration facility, where he remains held.

Judge Furman has temporarily blocked Khalil’s deportation while his legal team challenges the validity of his arrest through a habeas corpus petition. Even before this block, there was no immediate indication that Khalil was on the verge of being deported.

His lawyers have also filed for bail, warning that continued detention could prevent Khalil from being present for the birth of his first child. His wife, a U.S. citizen, is eight months pregnant.