Thursday, March 13, 2025

Why Trump Can—and Should—Deport Mahmoud Khalil

 From Amuse on X:

The detention and pending deportation of Mahmoud Khalil, a Palestinian graduate student at Columbia University, has ignited a firestorm of controversy. His arrest by Immigration and Customs Enforcement (ICE) on March 9, 2025, stems from allegations that he engaged in activities aligning with Hamas, a designated foreign terrorist organization. As the Trump administration enforces its promise to crack down on those who support terrorist-affiliated movements, legal commentators, activists, and political figures have debated whether such action is constitutionally and legally permissible. The answer, upon thorough legal examination, is unequivocally yes. The Trump administration not only has the authority to revoke Khalil’s green card and remove him from the United States, but such action is firmly grounded in existing immigration law, Supreme Court precedent, and compelling national security interests.

Under the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1227, lawful permanent residents are removable if they fall under specific categories of inadmissibility. Most relevant here is 8 U.S.C. 1182(a)(3)(B), which deems deportable any alien who has engaged in terrorist activities, represented or supported a terrorist organization, or received training from such an entity. Section 1182(a)(3)(F) further establishes that an alien whose presence the Secretary of State believes to have serious adverse foreign policy consequences may also be removed. Given Khalil leadership of activities aligned with Hamas—he fits within these statutory provisions, making his green card revocation and removal well within the executive branch’s legal authority.

Some have argued that Khalil’s deportation violates his First Amendment rights, particularly given his status as an outspoken leader of pro-Palestinian protests at Columbia University. While it is true that legal permanent residents enjoy certain constitutional protections, their rights are neither absolute nor coextensive with those of U.S. citizens, particularly in the realm of immigration and national security. Precedents such as Turner v. Williams (1904) underscore Congress’s broad authority to exclude or remove aliens based on ideological grounds, affirming that non-citizens can be expelled for advocating beliefs deemed inimical to national security. Similarly, Holder v. Humanitarian Law Project (2010) upheld prohibitions on material support to terrorist organizations, even when such support took the form of speech. Khalil’s actions undoubtably provided material support for Hamas, through financial contributions, logistical aid, and explicit endorsement, as a result his activities are not protected speech under the First Amendment. (Read more.)


Share

No comments: