Statement Opposing Trump Administration’s Arrests, Detention, and Attempts to Deport Student Activists
In New York on Saturday, March 8, Immigration and Customs Enforcement (ICE) arrested Mahmoud Khalil, a Columbia University graduate student who had led protests against Israel’s actions in Gaza, after he returned from dinner with his pregnant wife. ICE transferred Khalil, without notice to his attorney or family, to a detention center in Louisiana (where some media report that the government expects a more favorable outcome) in anticipation of deporting him.
The Trump administration has explained that this arrest was the first step in a crackdown on students protesting the war and resulting humanitarian crisis in Gaza as part of its stated efforts to combat campus antisemitism.
The Chicago Council of Lawyers is alarmed and appalled by the federal government’s decision to intentionally violate the First Amendment Rights of a lawful resident of the United States.
Mr. Khalil is a legal permanent resident of the United States who holds a green card, meaning he cannot be deported arbitrarily, without lawful cause. He has not been accused of, charged with, or convicted of any crime. The First Amendment protects the right of all U.S. residents to protest peacefully and to speak up on controversial issues. There is no basis for the arrest, detention, or deportation of Mahmoud Khalil merely because he has engaged in protests or expressed views with which the government disagrees. In fact, to do so is an obvious abuse of power and violation of the U.S. Constitution. The government’s case rests on a rarely used section of the Immigration and Nationality Act, giving the government the power to deport any non U.S. citizen if they have “‘reasonable ground to believe’ the individual’s presence in the country hurts the government’s foreign policy interests.” The Act contains another section that says that someone cannot be deported under that provision if their statements are lawful – an argument that Mr. Khalil’s legal team has highlighted.
Labeling Mr. Khalil a “terrorist sympathizer,” the Trump administration has threatened that this will be the first of many deportations of student activists, and it has directed universities to monitor international students and staff. There are reports that additional student activists have been targeted. The State Department also has reported a new AI-driven social media surveillance effort to, without due process, cancel the visas of foreign nationals who appear to support Hamas or other designated terrorist groups. These activities have made clear that the Trump administration has no interest in respecting the First Amendment rights of students.
Mahmoud Khalil’s deportation was challenged in a New York Federal District Court, where a judge temporarily blocked his deportation while the case was being assessed. The government cannot remove Khalil from the country, but he remains detained in Louisiana while his lawyers attempt to compel ICE to return him to New York.
The Chicago Council of Lawyers condemns this administration’s actions, which violate established immigration law, and warns that this has set a dangerous precedent for suppressing First Amendment protected political dissent.
As a bar association focused on advocating for the public interest and the rule of law, we strongly urge our members and all attorneys throughout the country to help protect international students exercising their right to free speech. We hope for a swift and safe return of Mr. Khalil to his family.
Click here to become a member of the Chicago Council of Lawyers.