Will Columbia University’s Mahmoud Khalil Be Deported?
Secretary of State Marco Rubio announced on social media platform X: “We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” The post featured a photo of Mahmoud Khalil, a pro-Palestinian activist and leader of protests at Columbia University who was recently arrested.
U.S. Department of Homeland Security’s immigration agents arrested Columbia University student Mahmoud Khalil for alleged ties to Hamas, a terrorist organization.
Khalil was known for his pro-Palestinian activism at Columbia University. He led student protests against Israel’s actions in the war in Gaza and the University for its support of Israelis. Columbia University grabbed headlines last year with images of encampments of pro-Palestinian protesters that inspired other college campuses to follow suit.
The Trump administration accused Columbia University of not protecting Jewish students from antisemitic harassment and revoked $400 million in government contracts and grants. President Donald Trump’s executive order, Additional Measures to Combat Anti-Semitism, directs the Department of Homeland Security (DHS) to monitor and remove aliens engaging in antisemitic activity.
Following Khalil’s arrest on Saturday night, international students fear that immigration and customs enforcement may revoke their student visas if they engage in political protests. Khalil’s attorney, Amy Greer, confirmed that Khalil does not have a student visa but is a lawful permanent resident.
The Muslim civil rights organization Council on American-Islamic Relations stated that “Khalil is a lawful permanent resident of our nation who has not been charged with or convicted of a single crime.”
What Is a Permanent Resident?
A permanent resident is someone who has a permanent resident card, known as a “green card,” allowing them to live and work in the United States. If someone gets a green card for employment purposes, they can become a U.S. citizen in five years. If someone gets a green card by marrying a U.S. citizen, the process is three years.
A green card is a step toward citizenship but does not convey the same rights and privileges as a U.S. citizen. For example, if you have a green card, you can’t do the following:
- Vote in federal elections
- Run for public office
- Serve on a jury
- Travel abroad for long periods of time
As part of the application process, immigration authorities consider whether the person has said or written anything that might be regarded as dangerous or against U.S. interests.
Because a green card has limited privileges, it may be revoked.
When Can a Green Card Be Revoked?
A green card is a tenuous status, valid for 10 years, and must be renewed. U.S. Immigration can revoke a green card for many reasons, including:
- Fraud or misrepresentation in obtaining a green card
- Crimes of “moral turpitude” such as assault, theft, or fraud
- Aggravated felonies such as violent crimes, drug offenses, firearm violations
- Criminal convictions
- Abandoning permanent residency or not paying taxes
- Failing to provide a change of address
- Being a threat to national security, engaging in espionage, or associating with terrorist groups
Immigration authorities can deport green card holders for alleged criminal activity, such as supporting a terrorist organization. Presumably, this is what prompted ICE agents to arrest Khalil in New York.
However, critics argue that the ICE arrest was politically motivated and an infringement on his constitutional right to free speech.
Does a Permanent Resident Have the Right to Free Speech?
In theory, a permanent resident has the right to free speech and the right of assembly and petition under the First Amendment of the U.S. Constitution. However, the law on this can be a gray area, and courts typically give broad discretion to immigration authorities.
The Supreme Court held in Galvan v. Press (1954) that a permanent resident could be deported for their ties to the Communist party.
In Reno v. American Arab Anti-Discrimination Committee (1999), immigration authorities sought to deport eight non-citizens who were members of the Popular Front for the Liberation of Palestine (PFLP). The members claimed the deportation actions were due to their political activities and beliefs, violating their First Amendment rights. They argued this constituted selective enforcement of immigration laws. During this case, Congress passed the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. The Supreme Court held that IIRIRA prohibits a federal court from hearing cases about selective enforcement. This decision makes it more difficult to challenge deportation actions based on discrimination of political speech.
What's Next?
According to the Associated Press, Khalil was taken from New York City to New Jersey and is currently being held in a Louisiana immigration detention center. He is challenging the deportation. A federal judge has halted deportation proceedings against Khalil while the court considers the lawsuit. Meanwhile, hundreds of protestors marched in New York City to denounce the arrest.
If Khalil is deported, it could have a chilling effect on free speech and the right to protest for visa-holders and lawful permanent residents.
Related Resources
- Deportation and Removal Laws (FindLaw Learn About The Law - Immigration Law)
- Find An Immigration Attorney Near Me (FindLaw Lawyer Directory)
- Permanent Resident Rights (FindLaw Learn About The Law - Immigration Law)
