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Politico's senior law reporter called it "the most scathing legal rebuke of the Trump era."
A federal judge issued an emphatic ruling Tuesday that the Trump administration acted illegally when it targeted pro-Palestinian student activists for deportation, describing it as part of an effort to "strike fear" into protesters exercising their First Amendment rights.
In the 161-page ruling, US District Judge William Young, who was appointed by former President Ronald Reagan, concluded that the Trump administration undertook illegal efforts "unconstitutionally to chill freedom of speech."
He also launched a broadside against the Trump administration's entire authoritarian ethos, describing President Donald Trump's "palpable misunderstanding that the government simply cannot seek retribution for speech he disdains."
Politico's senior law reporter Kyle Cheney described the ruling as "the most scathing legal rebuke of the Trump era." Young himself called it the most important he's ever issued in over 30 years on the bench.
The first page immediately captures this gravity, containing a scan of an anonymous postcard Young received in June as a prologue: "Trump has pardons and tanks... what do you have?" the sender asked.
Young included his response: "Alone, I have nothing but my sense of duty. Together, We the People ... have our magnificent Constitution. Here's how that works out in a specific case."
The case was launched following a lawsuit from the American Association of University Professors and the Middle East Studies Association, which represent hundreds of college professors around the US who testified that they felt intimidated by what they described as "ideological deportations" by the Trump administration of students who expressed pro-Palestinian views.
Often without warning, the State Department revoked nearly 1,700 visas from lawful immigrants before targeting many of them for deportation under an executive order by Trump that allegedly responds to "antisemitism," but in practice extends far out to encompass any expressions of solidarity with Palestinians or criticisms of Israel.
During the trial, the Department of Homeland Security (DHS) acknowledged that it determined who to target using an anonymously operated pro-Israel "doxxing" website known as the Canary Mission, which publishes dossiers on college students around the country who express unfavorable views about Israel.
One of those students was Mahmoud Khalil, an activist at Columbia who held a green card, who was whisked away from his address in the middle of the night by Immigration and Customs Enforcement (ICE) and sent to a detention facility for months. As Young acknowledged in his ruling, Troy Edgar, the deputy secretary of homeland security, stated plainly in an interview that the effort to deport Khalil was because of "basically pro-Palestinian activity." After a federal judge ordered Khalil's release, the Trump administration began efforts to deport him to Algeria or Syria.
ICE agents also snatched Rümeysa Öztürk, a Turkish PhD student at Tufts, off the street in broad daylight after she co-wrote an op-ed calling for her university to divest from companies participating in Israel's genocidal war in Gaza. Although the administration acknowledged that Öztürk, who had a legal student visa, committed no crime, she remained in an ICE detention facility for more than six weeks before a judge ordered her release.
Young said that Secretary of State Marco Rubio and other officials, such as Homeland Security Secretary Kristi Noem, who oversees ICE, "acted in concert to misuse the sweeping powers of their respective offices to target noncitizen pro-Palestinians for deportation primarily on account of their First Amendment-protected political speech."
He refuted the professors' contention that the administration had waged an "ideological deportation policy," which he said "could have raised a major outcry." Instead, Young said, their intentions were "more invidious—to target a few for speaking out and then use the full rigor of the Immigration and Nationality Act (in ways it had never been used before) to have them publicly deported with the goal of tamping down pro-Palestinian student protests and terrorizing similarly situated noncitizen (and other) pro-Palestinians into silence because their views were unwelcome."
To strip visas "solely on the basis of political speech, and with the intent of chilling such speech," Young said, "is not only unconstitutional, but a thing virtually unknown to our constitutional tradition." The First Amendment of that Constitution, he added, "does not distinguish between citizens and noncitizens."
Young did not order any changes to Trump administration policy with his ruling, but only because Trump "poses a great threat to Americans’ freedom of speech" as a whole, and further proceedings would be necessary in order to rein in those abuses more comprehensively.
He specifically identified the use of masks by ICE agents during arrests, which he described as "disingenuous, squalid and dishonorable."
"ICE goes masked for a single reason: to terrorize Americans into quiescence," Young said. "In all our history, we have never tolerated an armed, masked secret police."
The final 12 pages of the ruling, which American Immigration Council fellow Aaron Reichlin-Melnick described as "truly remarkable," focus on "the nature of our president himself," who Young said "simply ignores" rulings he dislikes.
Young concluded that the courts, which he described as one of the few remaining bulwarks to Trump's excesses, needed to do more than issue nonbinding cease-and-desist orders, but instead issue permanent injunctions that can result in contempt charges if the administration refuses to stop illegal policies.
Trump, he said, is not "entirely lawless," but "has learned that—at least on the civil side of our courts—neither our Constitution nor our laws enforce themselves and he can do most anything until an aggrieved person or entity will stand up to him and say 'Nay.'"
Young also put the responsibility of resistance on the institutions that have capitulated to Trump's demands.
"Our bastions of independent, unbiased free speech–those entities we once thought unassailable—have proven all too often to have only Quaker guns," he warned. "Behold, President Trump’s successes in limiting free speech—law firms cower, institutional leaders in higher education meekly appease the president, media outlets from huge conglomerates to small niche magazines mind the bottom line rather than the ethics of journalism."
"I fear President Trump believes the American people are so divided that today they will not stand up, fight for, and defend our most precious constitutional values so long as they are lulled into thinking their own personal interests are not affected," he wrote in conclusion. "Is he correct?"
A member of his legal team noted that "the immigration prosecutor, judge, and jailer all answer to Donald Trump, and that one man is eager to weaponize the system in a desperate bid to silence Mahmoud Khalil."
Mahmoud Khalil and his lawyers on Wednesday affirmed their plan to fight an immigration court ruling that paves the way for his deportation, months after plainclothes agents accosted the lawful permanent resident and his US citizen wife outside their home in New York City.
"It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech. Their latest attempt, through a kangaroo immigration court, exposes their true colors once again," Khalil said in a statement.
"When their first effort to deport me was set to fail, they resorted to fabricating baseless and ridiculous allegations in a bid to silence me for speaking out and standing firmly with Palestine, demanding an end to the ongoing genocide," he continued. "Such fascist tactics will never deter me from continuing to advocate for my people's liberation."
While President Donald Trump has a broad goal of mass deportations, his administration has targeted Khalil, a former Columbia University graduate student with a valid green card, and other foreign scholars in the United States for criticizing Israel's US-backed genocide in the Gaza Strip.
"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court."
Federal agents arrested Khalil, an Algerian citizen of Palestinian descent, in March. He wasn't released from a federal immigration facility until June. During his 104-day detention, his wife, Noor Abdalla, gave birth to their son. Over the past six months, he has been a part of multiple legal battles: his challenge to being deported in a Louisiana immigration court; a civil rights case before US District Judge Michael Farbiarz in New Jersey; and a fight for $20 million in damages.
In a Wednesday letter to Farbiarz—an appointee of former President Joe Biden who has already blocked his deportation while the civil rights case proceeds—Khalil's legal team explained that on September 12, Jamee Comans, an immigration judge (IJ), "issued three separate orders denying petitioner's (1) motion for an extension of time, (2) motion to change venue, and (3) application for a waiver, without conducting an evidentiary hearing."
"In denying petitioner's request for a waiver absent a hearing, as well as his motions for extension of time and for change of venue, the IJ ordered petitioner removed to Algeria or Syria... while reaffirming her decisions denying petitioner any form of relief from removal," the letter says. Khalil now has 30 days from September 12 to start an appeal with the Board of Immigration Appeals (BIA).
Noting "statements targeting petitioner by name for retaliation and deportation made by the president and several senior US government officials," Khalil's lawyers "have ample reason to expect that the BIA process—and an affirmance of the IJ's determination—will be swift," the letter continued. "Upon affirmance by the BIA, petitioner will lose his lawful permanent resident status, including his right to reside and work in the United States, and have a final order of removal against him."
"Compared to other courts of appeals, including those in the 3rd and 2nd Circuits, the 5th Circuit almost never grants stays of removal to noncitizens pursuing petitions for review of BIA decisions. As a result, the only meaningful impediment to petitioner's physical removal from the United States would be this court's important order prohibiting removal during the pendency of his federal habeas case," the letter points out, referring to Farbiarz's previous intervention.
Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, Creating Law Enforcement Accountability & Responsibility (CLEAR), Van Der Hout LLP, Washington Square Legal Services, and the national, New Jersey, New York, and Louisiana arms of the ACLU.
"When the immigration prosecutor, judge, and jailer all answer to Donald Trump, and that one man is eager to weaponize the system in a desperate bid to silence Mahmoud Khalil, a US permanent resident whose only supposed sin is that he stands against an ongoing genocide in Palestine, this is the result," CLEAR co-director Ramzi Kassem said Wednesday. "A plain-as-day First Amendment violation that also puts on sharp display the rapidly free-falling credibility of the entire US immigration system."
In addition to calling out the Trump administration for its unconstitutional conduct, Khalil's lawyers expressed some optimism.
"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court, and the immigration judge's September 12 decision is just the most recent example of what occurs when the system requires an arbiter that is anything but neutral to do the administration's bidding," said Johnny Sinodis, a partner at Van Der Hout LLP. "As with other illegal efforts by the government, this too will be challenged and overcome."
"We must not allow Trump to destroy the First Amendment," Sanders said as the Ivy League school expelled or suspended scores of students in what critics called a bid to win back blocked federal funding.
U.S. Sen. Bernie Sanders on Tuesday met with Mahmoud Khalil—the former Columbia University Palestine defender recently imprisoned by the Trump administration—on the same day that the school expelled or suspended more than 70 students who protested Israel's genocidal obliteration of Gaza.
Sanders (I-Vt.) posted a photo of himself with his arm around a beaming Khalil, with the caption: "I met with Mahmoud Khalil, a Palestinian student at Columbia University, who was imprisoned for 104 days by the Trump administration for opposing [Israeli Prime Minister Benjamin] Netanyahu's illegal and horrific war in Gaza. Outrageous. We must not allow [U.S. President Donald] Trump to destroy the First Amendment and freedom to dissent."
Khalil, an Algerian citizen of Palestinian descent married to a U.S. citizen, last year finished his graduate studies at Columbia. He was arrested at his New York home by plainclothes Department of Homeland Security officers on March 8 before being transferred to New Jersey and then Louisiana, where he missed the birth of his first child.
Accused of no criminal offense and widely considered a political prisoner, Khalil was arrested following Trump's issuance of an executive order authorizing the deportation of noncitizen students and others who take part in pro-Palestine demonstrations. U.S. Secretary of State Marco Rubio has also invoked the Immigration and Nationality Act of 1952—which allows for the deportation of noncitizens whose presence in the United States is deemed detrimental to foreign policy interests—to target peaceful Palestine protesters who have committed no crimes.
Khalil was released last month upon a federal judge's order. He is far from the only student jailed for opposing the Gaza genocide; others include Mohsen Mahdawi and Yunseo Chung—both permanent U.S. residents—as well as Rümeysa Öztürk, Badar Khan Suri, and others.
On Tuesday, Columbia announced disciplinary action against more than 70 students who took part in last year's protests for Gaza at the New York City school's Butler Library. Around 80 Columbia students were arrested amid the violent police crackdown on campus encampments and occupations.
"While the university does not release individual disciplinary results of any student, the sanctions from Butler Library include probation, suspensions (ranging from one year to three years), degree revocations, and expulsions," Columbia's Office of Public Affairs said in a statement.
The school's announcement came days after Columbia and Trump administration officials met in Washington, D.C. to negotiate an agreement to restore most of the nearly $400 million in federal contracts for the university that were canceled in March over an alleged failure to tackle antisemitism.
As part of the deal, Columbia agreed to adopt the dubious International Holocaust Remembrance Alliance Working Definition of Antisemitism, which critics say conflates legitimate criticism and condemnation of Israeli policies and practices with anti-Jewish bigotry, and forces people to accept the legitimacy of a settler-colonial apartheid state engaged in illegal occupation and a war that experts increasingly agree is genocidal.
The school also said it would partner with the Anti-Defamation League on antisemitism training. Last year, the Council on American-Islamic Relations condemned the ADL for what it called a "pattern of enabling anti-Palestinian hate."
Columbia University interim president Claire Shipman has already been working with white nationalist Stephen Miller—Trump's White House deputy chief of staff and a primary architect of the president's first-term migrant family separation and Muslim travel ban policies—to restore lost contracts.
Columbia's acquiescence to the Trump administration comes as Israeli forces have killed or maimed more than 215,000 Palestinians in Gaza, according to the Gaza Health Ministry, including at least 14,000 people who are missing and presumed dead and buried beneath rubble. Most of Gaza's more than 2 million people have been forcibly displaced, often multiple times, and hundreds of thousands of Gazans are starving amid an increasingly fatal famine fueled by Israel's siege of the enclave, which is partly the subject of an International Court of Justice genocide case.
Israel has also been accused of committing scholasticide in Gaza, where every university has been destroyed or damaged.
"Hundreds of academics have been killed. Books and archives have been incinerated. Entire families have been erased from the civil registry," said one student quoted in a recent Columbia University Apartheid Divest blog post. "This is not a war. It is a campaign of erasure."