Tucked within the executive orders signed by President Donald Trump at the beginning of his term was a directive addressing the campus unrest that arose last year due to the Israel-Gaza conflict.
This order stipulated that student visas would be revoked for those believed to be connected to Hamas. The order ominously warned, “To all resident aliens involved in pro-jihadist demonstrations, we are putting you on notice: starting in 2025, we will find you and deport you,” reflecting the administration’s tough stance.
In a significant move, U.S. Immigration and Customs Enforcement (ICE) acted on this warning by detaining Mahmoud Khalil, a Palestinian student activist affiliated with Columbia University in New York City. The university had been a central hub for pro-Palestinian demonstrations, sparking a nationwide discussion about the ongoing conflict in the Middle East. Khalil was instrumental in facilitating dialogue between protestors and university officials last spring, and he completed his master’s degree at Columbia in December.
Trump emphasized the significance of Khalil’s arrest on Monday, stating, “This is just the first of many arrests to come. We will locate, arrest, and deport these so-called terrorist sympathizers from our country—never to return.”
Khalil’s detention quickly drew international attention, not only because of its implications but also because, as highlighted by his attorney Amy Greer, he possesses a green card that allows him to live and work in the U.S. permanently.
A habeas corpus petition was filed on Khalil’s behalf, challenging the legality of his arrest. A judge from the Southern District of New York granted Khalil a temporary stay on Monday evening, ruling that he “shall not be removed from the United States unless the Court orders otherwise.”
Khalil’s wife, who is expecting their child in eight months and is a U.S. citizen, has also reportedly received threats of arrest, according to Greer. Currently, Khalil is being held at the Central Louisiana ICE Processing Center in Jena, Louisiana, according to ICE documentation.
His arrest also coincides with Trump’s recent announcement of a $400 million cut in federal funding to Columbia University, accusing the institution of inadequately addressing antisemitism on campus. Critics argue that this move is aimed at stifling political expression that opposes U.S. foreign policy.
In a statement, Homeland Security spokesperson Tricia McLaughlin claimed that “Khalil engaged in activities aligned with Hamas, a recognized terrorist organization,” linking his detention to Trump’s executive order. Secretary of State Marco Rubio later confirmed on social media that the Trump Administration “will revoke the visas and/or green cards of Hamas supporters in America so they can be deported.”
A petition advocating for Khalil’s release has already gathered over 1.3 million signatures in support. Protests are scheduled to take place in New York City on Monday, demanding his release.
Below is an overview of Khalil’s situation and an examination of how his green card status might signal a shift in U.S. immigration policy under the Trump administration:
Can a green card holder be deported?
Green card holders enjoy many of the same rights as U.S. citizens, but they remain vulnerable to deportation under certain conditions, typically involving criminal conduct or violations of immigration laws, according to Stephen Yale-Loehr, a former immigration law professor at Cornell Law School.
Non-citizens may also risk visa revocation for endorsing or associating with terrorist organizations, but the government must provide solid evidence to substantiate such claims.
Greer maintains that there is no evidence indicating her client has committed any offenses or violated the terms of his residency, suggesting that the Trump administration is targeting him due to his political activism and vocal criticism of Israeli policies. Immigration law experts warn that deporting a green card holder solely based on political beliefs could violate First Amendment rights, which protect free speech and the right to protest.
Yale-Loehr referenced the Ragbir v. Homan case, in which the Second Circuit Court of Appeals ruled that a non-citizen with a final removal order could not be deported solely due to retaliation against their free speech.
Revoking a green card is a rare occurrence and typically requires a hearing before an immigration judge. This process can be lengthy, necessitating clear proof of misconduct, and with significant backlogs in immigration courts, it might take years for Khalil to receive a hearing.
Should Khalil’s green card be revoked due to his activism, immigration experts argue this would represent a concerning shift in the U.S. government’s interpretation of its authority over lawful permanent residents.
The burden of proof in deportation cases
In deportation proceedings, the government bears the burden of proving that an individual has violated U.S. immigration laws. This generally involves demonstrating criminal convictions or other significant legal infractions. In Khalil’s case, the government would need to show that his actions extend beyond protected political expression and that his affiliations or activities pose a credible national security threat. His legal team contends that there are no valid grounds for revoking his green card or detaining him.
“The authorities must prove that he has done more than simply express his opinions, such as providing material support to Hamas,” Yale-Loehr explains. “That would be a legitimate basis for deportation.”
“They cannot deport someone solely for advocating free speech,” he continues. “However, if they were able to demonstrate that he provided material support to Hamas, such as financial contributions, that would certainly raise alarms.”
As of now, it remains unclear how the Trump administration intends to substantiate the revocation of Khalil’s green card and his potential deportation.
Tom Homan, the Trump Administration’s immigration chief, stated on Fox Business on Monday that federal authorities “absolutely can” deport someone legally residing in the country: “Did he violate the terms of his visa? Did he breach the conditions of his residency by committing crimes, attacking Israeli students, locking down buildings, or destroying property? Yes, any resident alien who commits a crime is subject to deportation,” Homan added.
Trump’s expanding use of executive power
Khalil’s predicament reflects a broader trend in which the Trump administration has sought to expand its interpretation of immigration law to expel individuals regarded as threats to national security. This tactic aligns with Trump’s earlier initiatives, which included forming a task force to investigate whether individuals had misrepresented their immigration applications.
In 2020, the Trump Justice Department created a “Denaturalization Section” within its immigration office to identify naturalized citizens for potential revocation of their citizenship rights. The New York Times reported that roughly 40% of the 228 denaturalization cases filed by the DOJ since 2008 occurred during Trump’s presidency.
Khalil’s case suggests that the Trump administration is willing to exercise these powers more aggressively than before, a trend that could have significant repercussions for civil liberties and freedom of expression in the United States.
