"Freedom of Speech Under Assault

 

 

Arrest of Mohamoud Khalil is a Warning to Free Speech

By Wahab Raofi

The latest arrest of Mahmoud Khalil for political reasons silences critics, undermines justice and threatens our own freedom of speech. A Syrian-born Algerian citizen of Palestinian descent, Khalil had been a leader of pro-Palestine protests that consumed Columbia University’s campus life.

His arrest by ICE for organizing protests and spreading hate speech against the Israeli government’s actions in Gaza — actions that resulted in civilian casualties — has ignited a heated debate on the issue of free speech as protected by the First Amendment.

Many Americans believe expelling individuals for political speech sets a dangerous precedent, and outright political expulsions are rare. Instead, the U.S. government typically justifies such actions under legal violations, immigration laws or national security concerns.

A statement from the U.S. Department of Homeland Security said that Khalil had “led activities aligned with Hamas,” wording that smudges the crucial distinction between antisemitism and simple opposition to Israeli policies.

The government’s deportation order relied on an obscure 1952 immigration statute that allows the Secretary of State to revoke permanent residency from anyone judged to be undermining U.S. foreign policy. The Administration seemed prepared to argue that Khalil’s “continued presence in this country,” as The New York Times put it, made the American goal of combatting antisemitism more difficult.

No specific actions were even alleged. Khalil was evidently being deported simply because the Administration didn’t like what he had to say.

Kahil’s arrest is the first publicly known deportation effort under President Donald Trump’s promised crackdown on students who participate in the protests against the war in Gaza that swept through college campuses last spring. If Khalil had been a Russian, Iranian or North Korean, would he have been arrested? Or would some have hailed him as a freedom fighter standing for justice and equality?

Instead, Khalil is detained simply for exercising his right to free speech in the U.S., believing it was protected under the First Amendment. His real offense? Criticizing an American ally: Israel and its policies.

Khalil has become a cause célèbre, for better or for worse. “This is the first arrest of many to come,” Trump posted on Truth Social. “We will find, apprehend and deport these terrorist sympathizers from our country — never to return again,” he posted on X.com.

The remarks clash with something Trump did on his first day in office, proudly signed an anti-censorship executive order, proclaiming that he would “bring back free speech” to America. Two months later, he is saying that a legal alien who espouses anti-American sentiments can be deported.

Even if the courts find in his favor, the president should live up to the wisdom in his own executive order. Secretary of State Marco Rubio posted that the administration “will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”

In a recent Wall Street Journal piece, Matthew Hennessey wrote, “The arrest and threatened deportation of the pro-Hamas Columbia agitator Mahmoud Khalil has exposed an often-overlooked nuance of the immigration debate: Not all the hungry, poor, huddled masses who come to this country yearn to breathe free. Some come to mess with us.”

But did Mahmoud really want to hurt us? No. He simply spoke out for his people. As his American wife said, “They kidnapped my husband.”

Speaking out against Israeli policies should not be a cause for deportation from the U.S. It is a basic human right to exercise free speech. As demonstrated by the Jewish Voice for Peace, who held a demonstration at Trump Tower demanding Khalil’s release, many believe in the importance of standing up for human rights. Is that organization anti-American? Should its members be expelled?

Expressing anti-Israel policies falls within the marketplace of free ideas and should not necessarily be equated with anti-Semitism. Many prominent Jewish figures also oppose Israel’s policies.

What Mahmoud did aligns with the perspective of former Israeli Defense Minister Moshe Dayan, who, in a 1956 speech during the funeral of Roi Rotberg – an Israeli kibbutz security officer killed by Palestinians near Gaza – anticipated the cycle of violence. According to Jean-Pierre Filiu, following the killing, emotions in Israel “ran high,” leading Dayan to travel to the kibbutz to give the funeral oration. He said:

“Yesterday morning Ro’i was murdered. Dazzled by the calm of the morning, he did not see those waiting in ambush for him . . . Let us not cast accusations at the murderers today. Why should we blame them for their burning hatred for us? … How have we shut our eyes and not faced up forthrightly to our fate, not faced up to our generation’s mission in all its cruelty? … This is the choice of our lives – to be ready and armed and strong and tough. For if the sword falls from our fist, our lives will be cut down.”

The arrest of Mahmoud Khalil has serious ramifications. Should those of us who are naturalized citizens be worried about expressing our views? Should I fear arrest by ICE if someone knocks on my door — just because I wrote about Gaza or criticized the U.S. for ignoring the situation in my native Afghanistan … a country now under the Taliban’s brutal rule, where, despite their draconian, apartheid-like regime that has stripped half the population (women) of their basic rights, the U.S. still sends them millions of dollars?

Jacob Mchangama, CEO of The Future of Free Speech and research professor at Vanderbilt University, wrote for Persuasion: “There’s no telling how far it could go. For instance, could the administration deport Canadian green card holders protesting the administration’s tariffs and calls to make Canada the 51st state? Could Ukrainians be deported for calling the U.S. administration a supporter of a genocidal tyrant due to its apparent policy reversal toward the Ukraine conflict? Could the government deport legal immigrants from Denmark who vociferously oppose and protest the administration’s ever-louder calls for taking over Greenland?”

Let Mahmoud Khalil go. The president’s duty is to safeguard freedom of speech, not to threaten those who dare to speak out.