Free Speech issue image

Khalil v. Trump

Location: New York
Status: Ongoing
Last Update: March 11, 2025

What's at Stake

Whether a legal permanent resident of the U.S. can be arrested and detained on the basis of their political speech and advocacy.

On March 8, 2025, federal immigration enforcement agents arrested Mahmoud Khalil, a Palestinian recent graduate of Columbia University who was formerly one of the lead negotiators on behalf of pro-Palestine protestors on the Columbia campus in spring 2024. They first indicated that the government had revoked his student visa, but when Mahmoud’s wife showed them his green card and explained that he was a permanent resident, the agents represented that they had revoked that, too—even though permanent residents are entitled to due process before any revocation of their status.

In the early morning hours after his arrest, Khalil’s attorneys filed a petition for a writ of habeas corpus alleging that ICE’s arrest and detention of Khalil on the basis of his speech and activism violates the Due Process Clause and the First Amendment. A federal judge in the Southern District of New York issued an order the following day blocking Khalil’s deportation in the absence of a court order and scheduling a hearing for March 12.

Hours after his habeas petition was filed, Khalil was transferred under ICE custody to a facility in Louisiana. Khalil’s legal team—which the ACLU and NYCLU have joined—has filed a motion under the All Writs Act to compel ICE to return Khalil to New York, where he can have access to his legal counsel and family.

Khalil’s unlawful arrest and deportation represent a frightening escalation in the Trump administration’s efforts to silence speech of which they are critical. Under the First Amendment, the federal government does not have the authority to deport individuals or revoke their residency on the basis of viewpoint alone. The ACLU calls on its supporters to contact the acting director of ICE to free Mahmoud Khalil.

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