Mahmoud Khalil (In These Times, 3/18/25): “At stake are not just our voices, but the fundamental civil liberties of all.”
The arrest and possible deportation of Columbia University graduate student Mahmoud Khalil, a Green Card holder with a student visa, for his organizing role at Gaza solidarity protests last year has sent shockwaves throughout American society.
As I wrote at Haaretz (3/11/25), Khalil’s arrest is an intense blow to free speech, as punishment for speech and other First Amendment-protected activities will create a huge chilling effect. In a piece denouncing Khalil’s arrest, New York Times columnist Michelle Goldberg (3/10/25) quoted American Civil Liberties Union senior staff attorney Brian Hauss saying, “This seems like one of the biggest threats, if not the biggest threat, to First Amendment freedoms in 50 years.”
In a letter (In These Times, 3/18/25) dictated over the phone from an Immigration and Customs Enforcement facility in Louisiana, Khalil said, “My arrest was a direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”
While a judge blocked his deportation, as of this writing, Khalil is still in ICE custody (Al Jazeera, 3/19/25). AP (3/9/25) reported that his arrest is the first known “deportation effort under Trump’s promised crackdown on students who joined protests against Israel’s war in Gaza that swept college campuses” last year. The Trump administration argues, according to the news service, that people like Khalil, whose Green Card was revoked by the State Department, “forfeited their rights to remain in the country by supporting Hamas.”
Alarms raised
The Intercept (3/13/25) points out that the law being used against Khalid Mahmoud says one can’t be deported based on “past, current or expected beliefs, statements or associations, if such beliefs, statements or associations would be lawful within the United States.”
Many in the media have raised alarms about the extreme threat to free speech represented by Khalil’s arrest. Even the editorial board (3/12/25) of the increasingly Trump-pandering Washington Post warned, “If the secretary of state can deport a legal resident simply because he dislikes his or her views, whose First Amendment rights are next?” Other corporate newspapers and outlets (Bloomberg, 3/11/25; USA Today, 3/13/25; Boston Globe, 3/14/25; Financial Times, 3/14/25) published similar defenses of Khalil’s First Amendment rights, arguing that his arrest fundamentally threatens American liberty.
There is a good reason for the outcry. Khalil has not been charged with a crime, but the executive branch, without consulting a judge, revoked his legal status based on his political speech. As the Intercept (3/13/25) described, the federal government is invoking the Immigration and Nationality Act, in which the secretary of state has
the authority to request the deportation of an individual who is not a US citizen, if they have “reasonable ground to believe” the individual’s presence in the country hurts the government’s foreign policy interests.
The Department of Homeland Security justified the arrest on its claims that Khalil “led activities aligned to Hamas.” In other words, the Trump administration has revoked Khalil’s Green Card, arrested him and intends to deport him based on his constitutionally protected protest activities.
Rupert Murdoch’s outlets, rather than speak out against this shredding of the First Amendment, have been promoting the Trump administration line. The Murdoch press has been celebrating the misery visited upon Khalil in a way that hearkens back to the “War on Terror” days.
‘Inimical to the US’
The New York Post (3/10/25) cheers on “President Trump’s crackdown on unrest at colleges.”
The New York Post (3/10/25) ran the cover headline “ICE Knowing You!” Its editorial board (3/9/25) childishly wrote that “ICE has put fresh teeth on President Donald Trump’s crackdown on campus hate. Hooray!” It said that the anti-genocide protest “movement was never merely about protest.”
Two scholars at the right-wing Manhattan Institute, Ilya Shapiro and Daniel DiMartino, took to the Post op-ed page (3/11/25) to counter the free-speech defense of Khalil. They deemed the Gaza protests “illegal,” saying that stripping permanent residents of the legal protections for those “who reject our values or are hostile to our way of life” doesn’t threaten constitutional freedom.
While admitting “we don’t know the details of the due process he’s been given”—which is a crucial consideration when it comes to constitutional protections—the duo said, “But one thing is clear: the executive branch has the authority to vet noncitizens based on their views, thanks to the laws Congress has passed and the Supreme Court has upheld.”
The Post piece repeats a point Shapiro made at the conservative City Journal (3/7/25): “While the government can’t send foreigners to jail for saying things it doesn’t like, it can and should deny or pull visas for those who advocate for causes inimical to the United States.” Who decides what are “causes” that are “inimical”? Secretary of State Marco Rubio, apparently.
Fox News (3/12/25) also referred to Khalil as “pro-Hamas,” reporting that the Department of Homeland Security said “that Khalil ‘led activities aligned to Hamas, a designated terrorist organization.’” The link between Khalil’s participation in protests and supporting Hamas is spurious on its face. If demanding a ceasefire in Gaza is pro-Hamas, then a lot of Americans would be guilty, too. Younger Americans, in particular, stand out for their support of Palestinians in the current war (Pew Research, 4/2/24).
Not ‘really about speech’
Matthew Hennessey (Wall Street Journal, 3/12/25) is an extreme example, but many right-wing journalists seem to revile free expression.
The more erudite but no less fanatically right-wing Wall Street Journal editorial board (3/12/25) said, “A Green Card comes with legal obligations, including the disavowal of terrorism,” and that “Khalil seems to have violated that obligation.” The board matter-of-factly stated, “The case against Mr. Khalil will depend on the facts of his support for Hamas.”
Matthew Hennessey, the Journal’s deputy editorial features editor (3/12/25), also called him a “pro-Hamas Columbia agitator,” adding, “If he didn’t love [the US], why didn’t he leave it? The world is big. It has many elite universities.” Hennessey added, “When you’re a guest, it’s more than bad manners to cheer the slaughter of your host’s friends.” There’s no proof offered that Khalil did anything illegal, only that he said some things Hennessey didn’t like.
Journal columnist William McGurn (3/10/25) also dismissed the free speech concerns, saying that these protests went beyond speech—again, offering no evidence other than that the president said so. And he warned that pesky judges who stick too close to the Bill of Rights and the rule of law will get in the way of Khalil’s deportation. He said:
“So I bet what will happen,” says Berkeley law professor John Yoo, “is that even though the immigration law says the alien students can be deported, there will be a district judge somewhere who says that the president cannot use that power to punish people based on their First Amendment–protected beliefs and speech. But the Supreme Court will ultimately uphold the law.”
These “protests” weren’t really about speech. If all the “protesters” had done was stand outside waving Palestinian flags and chanting anti-Israel slogans, no one would be talking about deportation. Mr. Trump laid out his rationale on Truth Social: “We know there are more students at Columbia and other Universities across the Country who have engaged in pro-terrorist, antisemitic, anti-American activity, and the Trump administration will not tolerate it.”
‘War on Terror’ playbook
Janine Jackson (Extra!, 9/11): “Elite media’s fealty to official rationales and their anemic defense of the public’s rights have amounted to dereliction of duty.”
Feeling some déjà vu? The right-wing media’s defense of arresting and deporting a Green Card holder for engaging in protest rests on simply labeling him and the protests as “pro-Hamas,” the idea being that any criticism of Israel’s assault on Gaza is an endorsement of the Palestinian militant group that the US State Department designates as a terrorist organization.
As I told CNN International’s Connect the World (3/12/25), the situation feels similar to the aftermath of the 9/11 attacks, when it was common for supporters of George W. Bush, including his allies in the right-wing press, to label antiwar protesters as endorsers of anti-American terrorist violence.
Oppose the invasion of Afghanistan? You must be pro–Al Qaeda. Oppose the invasion of Iraq? You must be supportive of Saddam Hussein’s regime. This helped brand any questioning of the administration as treasonous, helping to build consensus not just for aggressive military imperialism at abroad, but in curtailing civil liberties for Americans at home (Extra!, 9/11).
So it’s a pretty old trick for both a Republican administration and its unofficial public relations agents in the Murdoch press to simply label free speech as out of bounds because it “supports terrorism.” Calling Khalil and the anti-genocide protests, which include thousands of supporters of many backgrounds—prominently including Jews—“pro-Hamas” is just another tired trick in the “War on Terror” propaganda playbook.
To understand how shallow this tactic is, keep in mind that Khalil has been on record about his politics and the issue of antisemitism. As a key negotiator for the protests, he had appeared on CNN and was asked about the protests and their impact on the Jewish community. The network (CNN, 4/29/24) summarized:
“I would say that the liberation of Palestine and the Palestinians and the Jewish people are intertwined. They go hand in hand. Antisemitism and any form of racism has no place on campus and in this movement,” Khalil said, noting that some members of Columbia’s encampment are Jewish and held Passover seders earlier this week, led by Jewish Voices for Peace.
“They are an integral part of this movement,” Khalil said of the organization.
Helping to crush dissent
The Guardian (7/20/20) more helpfully IDed John Yoo as a “Bush torture lawyer.”
Note that the Journal‘s McGurn sought comments from Yoo, who is identified only as a law professor, and not a Bush administration attorney who notoriously supported the torture of detainees in the “War on Terror” (NPR, 2/23/10), or as an advisor to the first Trump administration on its aggressive anti-immigration methods (Guardian, 7/20/20). Yoo is also a proponent of applying the unitary executive theory to the Trump administration, which for Yoo, according to the Los Angeles Review of Books (11/1/20),
becomes a springboard to justify Trump’s authoritarian policies on war, immigration, deregulation, executive branch appointments, pardons and the supervision of Justice Department investigations.
Israel’s own record on respecting freedom of speech is spotty, and has gotten worse since it launched the assault on Gaza (Democracy Now!, 11/9/23; CBC, 5/30/24; 972, 6/24/24; Freedom of the Press Foundation, 10/25/25; Times of Israel, 3/12/25). Israel, however, does not have a constitution, and activists and scholars have chronicled the nation’s erosion of democratic norms (Human Rights Watch, 4/27/21; Journal of Democracy, 7/23; Haaretz, 8/1/23; Deutsche Welle, 11/28/24). The United States is supposed to be governed by a constitution that, at least on paper, sets the gold standard among nations in protecting freedom of speech.
Alas, in the name of patriotism, the Murdoch press wants to erode that part of America’s tradition in order to help the Trump administration amass power and crush dissent.
This post was originally published on FAIR.
