Tucked away among the early executive orders from President Donald Trump was a significant directive concerning the campus protests that arose in the wake of the Israel-Gaza conflict last year.
This directive called for the termination of student visas for those suspected of having connections to Hamas. “To the resident aliens who joined pro-jihad demonstrations, we warn you: by 2025, we will find you, and we will deport you,” Trump’s order boldly stated.
On Saturday night, U.S. Immigration and Customs Enforcement (ICE) acted on Trump’s warning by apprehending Mahmoud Khalil, a Palestinian student activist from Columbia University in New York. The university had become a hotspot for pro-Palestinian demonstrations, sparking a national dialogue about the ongoing Middle East crisis. Khalil was instrumental in facilitating communication between protesters and university officials last spring and completed his master’s degree at Columbia in December.
“This is just the beginning of a series of arrests,” Trump claimed on Monday, taking personal responsibility for Khalil’s detention. “We will locate, apprehend, and deport these so-called terrorist sympathizers from our country—never to return.”
Khalil’s case quickly attracted global attention, not only because of the nature of his detention but also due to the fact, as his attorney Amy Greer emphasized, that he possesses a green card allowing him to live and work permanently in the U.S.
A habeas corpus petition was submitted on Khalil’s behalf, challenging the legality of his arrest and ongoing detention. On Monday evening, a judge from the Southern District of New York granted Khalil a temporary stay, stating that he “shall not be removed from the United States unless and until the Court orders otherwise.”
Khalil’s wife, who is eight months pregnant, is a U.S. citizen and has also received threats of arrest, according to Greer. Currently, Khalil is being held at the Central Louisiana ICE Processing Center in Jena, as per ICE documentation.
His arrest comes on the heels of Trump’s announcement that he would cut $400 million in federal funding to Columbia University, accusing the institution of failing to adequately address antisemitism on campus. Critics argue that this strategy aims to stifle political discourse that challenges U.S. foreign policy.
In a statement, Homeland Security spokesperson Tricia McLaughlin claimed that “Khalil participated in activities associated with Hamas, a designated terrorist organization,” linking his detention to Trump’s executive order. Secretary of State Marco Rubio later affirmed on social media that the Trump Administration “will revoke the visas and/or green cards of Hamas supporters in America for deportation.”
A petition advocating for Khalil’s release has already gathered over 1.3 million signatures and expressions of support. Protests are also planned in New York City on Monday to demand his freedom.
Below is a summary of Khalil’s situation and a discussion of how his green card status could reflect a change in U.S. immigration policy under the Trump administration:
Can a green card holder be deported?
Green card holders enjoy many of the same rights as U.S. citizens, yet they can still face deportation under certain circumstances, typically involving criminal offenses or violations of immigration laws, as noted by Stephen Yale-Loehr, a retired immigration law professor at Cornell Law School.
Foreign nationals may also encounter visa revocation for supporting or being linked to terrorist organizations, but the government must present substantial evidence to back such claims.
Greer argues that there is no proof that her client has committed any crimes or violated the terms of his residency, implying that the Trump administration may be targeting him due to his political activism and vocal criticism of Israeli policies. Immigration law experts warn that deporting a green card holder solely based on political opinions could violate First Amendment rights, which safeguard free speech and the right to protest.
Yale-Loehr referred to the Ragbir v. Homan case, a 2018 ruling by the Second Circuit Court of Appeals that determined a non-citizen with a final removal order could not be deported solely for reasons related to retaliation against their free speech.
The process of revoking a green card is rare and usually requires a hearing before an immigration judge. This process can be lengthy, necessitating clear evidence of wrongdoing, and due to significant backlogs in immigration courts, it might take years for Khalil to have his case heard.
If Khalil’s green card is ultimately revoked due to his activism, immigration experts suggest it would signify a concerning shift in the U.S. government’s interpretation of its authority over lawful permanent residents.
The burden of proof in deportation cases
In deportation proceedings, the government bears the burden of proof to demonstrate that the individual has violated U.S. immigration laws. This typically involves proving criminal convictions or other significant legal infractions. In Khalil’s case, the government would need to show that his actions go beyond protected political expression and that his connections or activities present a credible national security threat. His legal team contends that there are no valid bases for revoking his green card or detaining him.
“The authorities must prove that he has done more than simply express his views, such as providing material support to Hamas,” Yale-Loehr explains. “That would be a legitimate reason for deportation.”
“They cannot deport someone merely for advocating free speech,” he adds. “However, if they can demonstrate that he provided material support to Hamas, such as contributing to their causes, that would certainly raise red flags.”
At this point, it remains unclear how the Trump administration intends to justify the revocation of Khalil’s green card and his subsequent deportation.
Tom Homan, the Trump Administration’s immigration chief, stated on Fox Business on Monday that federal authorities “absolutely can” deport someone who is legally residing in the country: “Did he violate the terms of his visa? Did he breach his residency by committing crimes, attacking Israeli students, locking down buildings, or damaging property? Yes, any resident alien who commits a crime is subject to deportation,” Homan added.
Trump’s expanding use of executive power
Khalil’s situation reflects a broader trend wherein the Trump administration has sought to expand its interpretation of immigration law to remove individuals deemed a threat to national security. This aligns with Trump’s earlier initiatives, including the establishment of a task force to investigate whether individuals had misrepresented their immigration status.
In 2020, the Trump Justice Department created a “Denaturalization Section” within its immigration office to identify naturalized citizens for potential citizenship revocation. According to the New York Times, approximately 40% of the 228 denaturalization cases filed by the DOJ since 2008 occurred during Trump’s time in office.
Khalil’s case suggests that the Trump administration is prepared to employ these powers more aggressively than in the past, a trend that could have profound implications for civil liberties and freedom of expression in the United States.
