The Trump administration has asked a federal judge to deny a preliminary injunction request as part of a lawsuit challenging its attempt to deport pro-Hamas activist and former Columbia University student Mahmoud Khalil.
As previously reported by The Algemeiner, the American Association of University Professors (AAUP) and three of its local chapters sued the federal government to halt deportation proceedings involving expatriate pro-Hamas activists enrolled in American institutions of higher education, arguing that the allegedly seditious contents of their speech are protected by the First Amendment of the US Constitution.
Filed in March, the legal complaint came several weeks after US Immigration and Customs Enforcement’s (ICE) high-profile arrest and detainment of Khalil, a Columbia alumnus who was an architect of the Hamilton Hall building takeover and other disturbances in the New York City area this semester. Similar action has since been taken against others, including Cornell University graduate student Momodou Taal, a dual citizen of Gambia and the United Kingdom, and Columbia University student Yunseo Chung, a noncitizen legal resident from South Korea.
The AAUP and its chapters at Harvard University, Rutgers University, and New York University, along with the Middle East Studies Association (MESA), argued in court documents that the Trump administration’s “policy has created a climate of repression and fear,” charging that ICE is “terrorizing students and faculty for their exercise of First Amendment rights in the past, intimidating them from exercising those rights now, and silencing political viewpoints that the government disfavors.”
Monday’s filing constitutes the Trump administration’s first challenge to the case.
“Plaintiffs fundamentally misunderstand how the First Amendment applies in this context” government lawyers argued in the pleading. “They conflate the fact that the First Amendment applies at all to aliens, with the First Amendment applying in full to them.”
The government went on to explain that Khalil and other aliens deemed as posing a threat to national security lack complete constitutional protections with which American citizens are endowed by right, noting that past case law has determined that while they are entitled to “freedom of speech and of press,” protections of those freedoms are “less robust.” Responding to the lawsuit’s charge that the deportation of Khalil, and others, is “ideologically motivated” — that is, that the Trump administration aims to purge the country of jihadist supporters — it added that the US Supreme Court ruled in 1951 that the federal government may constitutionally deport aliens who hold seditious beliefs such as communism, as is prescribed by the Alien Registration Act of 1940.
In conclusion, the government argued that pausing the deportation policy would undermine the public interest.
“Plaintiffs seek an injunction that would extend over immigration against all ‘noncitizen students and faculty’ in the country,” the filing says. “That is unjustifiable.”
Since Hamas’s Oct. 7, 2023, massacre across southern Israel, pro-Hamas activists in the US, citizen and noncitizen, have allegedly violated the civil rights of Jewish students, penned extremist manifestos calling for revolutionary violence and overthrowing the government, and contributed to the spread of anti-Western beliefs.
Additionally, pro-Hamas activists have perpetrated gang assaults, threatened to commit mass murders of Jewish college students, and vandalized private property, causing hundreds of thousands of dollars in damages. Recently, a lawsuit, first reported by the The Free Press, alleged that Students for Justice in Palestine (SJP), the principal organizer of pro-Hamas activities on US campuses, received advanced knowledge of the Oct. 7 atrocities, suggesting a level of coordination between US-based anti-Zionists and jihadist terrorist groups that could pose a danger to national security.
President Donald Trump initiated the removal of pro-Hamas green-card holders living in the US through a January executive order which called for “using all appropriate legal tools to prosecute, remove, or otherwise … hold to account perpetrators of unlawful antisemitic harassment and violence.” A major provision of the order calls for the deportation of extremist “alien” student activists, whose support for terrorist organizations, intellectual and material, such as Hamas contributed to fostering antisemitism, violence, and property destruction on college campuses. Trump has also said that foreign students who hold demonstrations in support of Hamas “will be imprisoned/or permanently sent back to the country from which they came.”
The policy has many detractors, such as AAUP president Todd Wolfson, who has said that it undermines civil liberties.
Alex Joffe, anthropologist and editor of BDS Monitor for Scholars for Peace in the Middle East, told The Algemeiner in March that the administration’s actions are legal and safeguard US interests.
“The Trump administration’s new policy of deporting pro-Hamas demonstrators who are not citizens is an important step toward addressing problems related to Hamas in America,” he explained in a statement. “The Immigration and Naturalization Act clearly gives the Secretary of State the authority to deport aliens on a variety of grounds, including endangering public safety and national security.”
A Louisiana immigration judge, Jamee E. Comans, recently agreed with President Trump, as well as Mr. Joffe, ruling that the federal government has “established clear and convincing evidence that [Mahmoud Khalil] is removable” due to “severe, adverse foreign policy consequences” carried by continued residing in the US. Khalil’s attorneys have until April 23 to petition the appeal his deportation.
If they do not do so, Khalil will be repatriated either to Syria or Algeria, two countries in which he reportedly holds citizenship.
