The Movement to Erase Black History and Culture

The government may not threaten funding cuts as a tool to pressure recipients into suppressing First Amendment–protected speech.

Khalil, who was unlawfully arrested in retaliation for his advocacy, details this violation of his free speech rights.

NEW YORK – The Southern District Court of New York ruled that the case challenging ICE’s unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, should be transferred to New Jersey. The Trump administration had sought to transfer the case to Louisiana. The judge also reaffirmed a previous ruling that blocked Mr. Khalil’s deportation in the absence of a court order. “This is a first step, but we need to continue to demand justice for Mahmoud. His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me,” said Dr. Noor Abdalla, the wife of Mahmoud Khalil. Mr. Khalil’s legal team had argued that if the court allowed this case to play out in Louisiana, it would be rewarding the Trump administration’s unlawful attempt to manipulate jurisdiction by transferring Mr. Khalil across state lines in the middle of the night. 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 for Palestinian human rights violates the Due Process Clause and the First Amendment of the U.S. Constitution. Right before his habeas petition was filed, he was transferred under ICE custody to a facility in New Jersey, before being sent to Louisiana. In a letter written from the Louisiana detention center yesterday, Mahmoud Khalil shared: “In the weeks ahead, students, advocates, and elected officials must unite to defend the right to protest for Palestine. At stake are not just our voices, but the fundamental civil liberties of all. Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child.” The case can now proceed expeditiously to two pending motions that seek Mr. Khalil’s release from custody. Today’s order states that these motions remain pending on the same schedule originally issued. Mr. Khalil’s legal team has sought his release on bail, and submitted reams of letters in support of that request and a declaration from his wife, Dr. Noor Abdalla. His lawyers are also urging the court to issue a preliminary injunction that would immediately release him from detention and block the Trump administration’s invocation of the foreign policy bar, a vague, rarely-used provision of the 1952 Immigration and Nationality Act. The foreign policy bar authorizes the government to exclude or remove noncitizens whom the U.S. secretary of state designates as foreign policy concerns. The administration is invoking the provision to revoke the visas and green cards of noncitizens who have engaged in speech in support of Palestinian rights. As the filings document, the administration is abusing the INA’s foreign policy provision to retaliate against the constitutionally protected expression of views the administration opposes. Mr. Khalil is represented by Amy Greer from Dratel & Lewis, the Center for Constitutional Rights, CLEAR, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union, and Alina Das, co-director of the Immigrant Rights Clinic at New York University (NYU) School of Law. The following are quotes from Mr. Khalil’s legal team: Samah Sisay, staff attorney at the Center for Constitutional Rights: “The government transferred Mr. Khalil to a remote private prison in Louisiana hours after his arrest and the filing of his original habeas petition – an intentional and retaliatory attempt to silence his speech in support of Palestinian rights and interfere with the jurisdiction of the New York and New Jersey Courts. Mr. Khalil should be free and home with his wife awaiting the birth of their first child, and we will continue to do everything possible to make that happen.” Brett Max Kaufman, senior staff attorney at the American Civil Liberties Union: “This is just the beginning, but it is a moment to celebrate. The court’s ruling sends a critical message to courts across the country, who are sure to face similar unprecedented challenges to their authority in the days that come, that the judiciary must not shy from its constitutional role. And no judicial role is more important than acting as a check on executive abuses the Trump administration has made the defining feature of its first 60 days. After this first step, we will eagerly and aggressively seek to get Mahmoud out, bring him home, and then defend his and others’ right to speak freely about Palestine or any other issue without fear of detention and deportation.” Ramzi Kassem, Professor of Law at the City University of New York and Co-Director of CLEAR, a legal non-profit and clinic: “The government first moved Mahmoud to Louisiana, then it tried to move his federal case there, too, hoping for better odds in court. The judge rightly rejected that approach and transferred the case to a court in the greater New York City area, close to Mahmoud’s home, where the case and, most importantly, Mahmoud himself, belong.” Donna Lieberman, executive director of the New York Civil Liberties Union: “With this decision, the Court rightfully rejected the Trump administration’s cruel ploy to move Mahmoud Khalil’s case to Louisiana. This ruling sends a message loud and clear that Trump and his MAGA cronies cannot just manipulate and abuse the judiciary as they please to suppress the speech of activists for Palestinian rights. This is an important step toward ensuring that the administration's unconstitutional practices are stopped in their tracks and that Mr. Khalil is reunited with his family in New York. We are ready to defend Mr. Khalil’s rights in New Jersey to secure his immediate release.” Amy Greer, associate attorney at Dratel + Lewis: “We are ready to fight just as hard for Mr. Khalil in the district of New Jersey. He was taken by plainclothes federal agents, transferred in the middle of the night across state lines, and has been detained for over a week now, all because of his advocacy for Palestinian freedom. We will not stop working until Mr. Khalil is home with his wife."

NEW YORK, NY – Today, to bring recent Columbia graduate student, activist, soon-to-be father, and legal permanent resident Mahmoud Khalil home to his wife, Dr. Noor Abdalla, who is eight months pregnant, as soon as possible, his legal team filed a preliminary injunction motion with the federal court in the Southern District of New York asking for his immediate release. The injunction also asks the Court to block the Trump administration’s new policy of using the vague, rarely-used provision of the 1953 Immigration and Nationality Act — the “foreign policy bar” — to arrest and detain noncitizens who engage in protest or advocacy in support of Palestine. On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his expectant wife and legal counsel. Following Mr. Khalil’s illegal arrest, a team of lawyers, including Amy Greer from Dratel & Lewis, the Center for Constitutional Rights, and CLEAR, represented him in emergency filings, resulting in a court order to ensure Mr. Khalil would not be deported as his case proceeded. Shortly after, the New York Civil Liberties Union (NYCLU) and American Civil Liberties Union (ACLU) joined his legal team and filed an amended petition, arguing that his detention violates his constitutional rights, including free speech and due process, and goes beyond the government’s legal authority. Along with today’s preliminary injunction filing, the team also filed two other briefs regarding jurisdictional issues pending in the case. On March 15, Mr. Khalil’s legal team filed an emergency bail motion together with letters of support from members of the Columbia community and friends, as well as medical letters related to the impact of his detention on his wife Dr. Noor Abdalla’s pregnancy. All case materials can be viewed here. In response to today’s preliminary injunction filing, Mr. Khalil’s legal team released the following statements: Brian Hauss, senior staff attorney at the American Civil Liberties Union: “No president can be allowed to set an ideological litmus test and exclude or remove people from our country with whom they disagree. We will not stop fighting until Mr. Khalil is free to return to his family, and until we know that the government will not use this archaic law against anyone else who dares to dissent.” Samah Sisay, Staff Attorney at the Center for Constitutional Rights: “As a result of the federal government’s unlawful decision to detain and transfer Mahmoud Khalil to Louisiana in retaliation for his support for Palestinian rights, he faces the loss of his freedom, a profound silencing of his speech, lack of meaningful access to legal counsel, separation from his pregnant U.S. citizen wife, and the prospect of missing the birth of his first child. We filed an emergency bail motion because these extraordinary circumstances require Mr. Khalil’s release – and the Court has inherent authority to release him and send him home.” Donna Lieberman, executive director of the New York Civil Liberties Union: “Forcing Mahmoud Khalil — a legal permanent resident who has not been accused of committing a single crime — to remain in detention during the birth of his first child is unconscionable. Protesting a war or criticizing foreign policy is neither illegal, nor grounds for detention. The Trump administration has no right to incarcerate Mr. Khalil — this is an extreme, retaliatory, and targeted attack on the First Amendment and his right to due process. We ask the Court to recognize the urgency of this moment, and let Mr. Khalil go home to his expectant wife in New York.” Amy Greer, associate attorney with Dratel & Lewis: “In addition to its attempt to suppress Mahmoud’s speech by cruelly and unlawfully ripping him away from family and friends, the federal government endeavors to scare those in movement with Mahmoud so they stop exercising their rights to speech, expression, and association. The suite of actions taken by the incredible lawyers and organizations included here defend not only the constitutional rights of Mahmoud, but also the rights of thousands of students and millions of people around the country who are raising their voices alongside Mahmoud’s. We do this work because it is what our Nation’s Constitution demands, and we do this work in solidarity with those brave enough to continue exercising their constitutionally protected rights even as this government attempts to silence them.”