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    Judge blocks Trump administration’s ban on Harvard accepting international students

    A US federal judge on Friday blocked the government from revoking Harvard University’s ability to enroll foreign students just hours after the elite college sued the Trump administration over its abrupt ban the day before on enrolling foreign students.US district judge Allison Burroughs in Boston issued the temporary restraining order late on Friday morning, freezing the policy that had been abruptly imposed on the university, based in nearby Cambridge, Massachusetts, on Thursday.Meanwhile, the Trump administration has accused Columbia University of violating civil rights laws, while overseas governments had expressed alarm at the administration’s actions against Harvard as part of its latest assault on elite higher education in the US.Harvard University announced on Friday morning that it was challenging the Trump administration’s decision to bar the Ivy League school from enrolling foreign students, calling it unconstitutional retaliation for the school previously defying the White House’s political demands.In a lawsuit filed in federal court in Boston, Harvard said the government’s action violates the first amendment of the US constitution and will have an “immediate and devastating effect for Harvard and more than 7,000 visa holders”.“With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the university and its mission,” Harvard said in its suit. The institution added that it planned to file for a temporary restraining order to block the Department of Homeland Security from carrying out the move.The Trump White House called the lawsuit “frivolous” but the court filing from the 389-year-old elite, private university, the oldest and wealthiest in the US, said: “Without its international students, Harvard is not Harvard.”Harvard enrolls almost 6,800 foreign students at its campus in Cambridge, Massachusetts. Most are graduate students and they come from more than 100 countries.Meanwhile, the Department of Health and Human Services’ office for civil rights late on Thursday cited Columbia University, claiming the New York university acted with “deliberate indifference towards student-on-student harassment of Jewish students from October 7, 2023, through the present”, marking the date when Hamas led the deadly attack on Israel out of Gaza that sparked a ferocious military response from the Jewish state, prompting prolonged pro-Palestinian protests on US streets and college campuses.“The findings carefully document the hostile environment Jewish students at Columbia University have had to endure for over 19 months, disrupting their education, safety, and well-being,” said Anthony Archeval, the acting director of the office for civil rights at HHS, in a statement on the action.It continued: “We encourage Columbia University to work with us to come to an agreement that reflects meaningful changes that will truly protect Jewish students.” Columbia University had not yet issued a statement on the citation as of early Friday morning.Orders by the Trump administration earlier this month to investigate pro-Palestinian protesters at Columbia University raised alarms within the Department of Justice, the New York Times reported. A federal judge denied a search warrant for the investigation.Earlier this year, Columbia University agreed to a list of demands from the Trump administration in response to $400m worth of grants and federal funds to the university being cancelled over claims of inaction by the university to protect Jewish students.Burroughs said Harvard had shown it could be harmed before there was an opportunity to hear the case in full. The judge, an Obama administration appointee, scheduled hearings for 27 May and 29 May to consider next steps in the case.The Harvard Crimson student newspaper reported that the Department of Homeland Security gave Harvard 72 hours to turn over all documents on all international students’ disciplinary records and paper, audio or video records on protest activity over the past five years in order to have the “opportunity” to have its eligibility to enroll foreign students reinstated.Before Harvard filed suit, the Chinese government early on Friday had said the move to block foreign students from the school and oblige current ones to leave would only hurt the international standing of the US. The Hong Kong University of Science and Technology extended an open invitation to Harvard international students and those accepted in response to the action against Harvard.skip past newsletter promotionafter newsletter promotionOn Friday afternoon, despite the judge’s ruling, Chinese students at Harvard were cancelling flights home and seeking legal advice on staying in the US and saying they were scared in case Immigration and Customs Enforcement (Ice) agents came to their accommodation to take them away, as they have done to other foreign students.The former German health minister and alumnus of Harvard, Karl Lauterbach, called the action against Harvard “research policy suicide”. Germany’s research minister, Dorothee Baer, had also, before Harvard sued, urged the Trump administration to reverse its decision, calling it “fatal”.Harvard’s lawsuit lists as the plaintiffs the “President and fellows of Harvard college” versus defendants including the Department of Homeland Security, Immigration and Customs Enforcement (Ice), the Department of Justice and the Department of State, as well as the government’s Student and Exchange Visitor Program and individual cabinet members – Kristi Noem, the homeland security secretary; Pam Bondi, the attorney general; Marco Rubio, the secretary of state; and Todd Lyons, the acting director of Ice.The White House spokesperson Abigail Jackson said on Friday: “If only Harvard cared this much about ending the scourge of anti-American, anti-Semitic, pro-terrorist agitators on their campus they wouldn’t be in this situation to begin with.”She added: “Harvard should spend their time and resources on creating a safe campus environment instead of filing frivolous lawsuits.”Harvard’s president, Alan Garber, wrote an open letter to students, academics and staff condemning an “unlawful” and “unwarranted” action by the administration.“The revocation continues a series of government actions to retaliate against Harvard for our refusal to surrender our academic independence and to submit to the federal government’s illegal assertion of control over our curriculum, our faculty, and our student body,” it said.The Associated Press and Reuters contributed reporting More

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    Mahmoud Khalil finally allowed to hold one-month-old son for the first time

    Mahmoud Khalil, the Columbia University graduate and detained Palestinian activist, was finally allowed to hold his infant son for the first time Thursday – one month after he was born – thanks to a federal judge who blocked the Trump administration’s efforts to keep the father and infant separated by a Plexiglass barrier.The visit came before a scheduled immigration hearing for Khalil, a legal permanent resident who has been detained in a Louisiana jail since 8 March.The question of whether Khalil would be permitted to hold his newborn child, Deen, or forced to meet him through a barrier had sparked days of legal fighting, triggering claims by Khalil’s attorneys that he is being subject to political retaliation by the government.On Wednesday night, a federal judge in New Jersey, Michael Farbiarz, intervened, allowing the meeting to go forward Thursday morning, according to Khalil’s attorneys.The judge’s order came after federal officials said this week they would oppose his attorney’s effort to secure what’s known as a “contact visit” among Khalil; his wife, Noor Abdalla; and their son.Instead, they said Khalil could be allowed a “non-contact” visit, meaning he would be separated from his wife and son by a plastic divider and not allowed to touch them.“Granting Khalil this relief of family visitation would effectively grant him a privilege that no other detainee receives,” justice department officials wrote in a court filing on Wednesday. “Allowing Dr Abdalla and a newborn to attend a legal meeting would turn a legal visitation into a family one.”Brian Acuna, acting director of the Ice field office in New Orleans, said in an accompanying affidavit that it would be “unsafe to allow Mr Khalil’s wife and newborn child into a secured part of the facility”.In their own legal filings, Khalil’s attorneys described the government’s refusal to grant the visit as “further evidence of the retaliatory motive behind Mr Khalil’s arrest and faraway detention”, adding that his wife and son were “the farthest thing from a security risk”.They noted that Abdalla had traveled nearly 1,500 miles (2,400km) to the remote detention center in hopes of introducing their son to his father.“This is not just heartless,” Abdalla said of the government’s position. “It is deliberate violence, the calculated cruelty of a government that tears families apart without remorse. And I cannot ignore the echoes of this pain in the stories of Palestinian families, torn apart by Israeli military prisons and bombs, denied dignity, denied life.”Khalil was the first person to be arrested under Donald Trump’s promised crackdown on protesters against the war in Gaza and is one of the few who have remained in custody as his case winds its way through both immigration and federal court.Federal authorities have not accused Khalil of a crime, but they have sought to deport him on the basis that his prominent role in protests against Israel’s war in Gaza may have undermined US foreign policy interests.His request to attend his son’s 21 April birth was denied last month by US Immigration and Customs Enforcement.In a letter to his son published in the Guardian, Khalil wrote after the birth: “My heart aches that I could not hold you in my arms and hear your first cry, that I could not unfurl your clenched fists or change your first diaper.“My absence is not unique,” Khalil added. “Like other Palestinian fathers, I was separated from you by racist regimes and distant prisons. In Palestine, this pain is part of daily life … The grief your mother and I feel is but one drop in a sea of sorrow that Palestinian families have drowned in for generations.”Farbiarz is currently considering Khalil’s petition for release as he appeals a Louisiana immigration judge’s ruling that he can be deported from the country.On Thursday, Khalil appeared before that immigration judge, Jamee Comans, as his attorneys presented testimony about the risks he would face if he were to be deported to Syria, where he grew up in a refugee camp, or Algeria, where he maintains citizenship through a distant relative.His attorneys submitted testimony from Columbia University faculty and students attesting to Khalil’s character.In one declaration, Joseph Howley, a classics professor, said he had first introduced Khalil to a university administrator to serve as a spokesperson on behalf of campus protesters, describing him as an “upstanding, principled and well-respected member of our community.“I have never known Mahmoud to espouse any anti-Jewish sentiments or prejudices, and have heard him forcefully reject antisemitism on multiple occasions,” Howley wrote.No ruling regarding the appeal was made on Thursday. Comans gave lawyers in the case until 5pm 2 June to submit written closing arguments.Columbia’s interim president, Claire Shipman, acknowledged Mahmoud’s absence from Wednesday’s commencement ceremony and said many students were “mourning” that he couldn’t be present. Her speech drew loud boos from some graduates, along with chants of “free Mahmoud”.Abdalla accepted a diploma for Khalil on his behalf at an alternative graduation ceremony on Sunday.In the 75 days since his arrest, at least three other international college students have been released from detention after weeks of legal action by their attorneys. They include Rümeysa Öztürk, Mohsen Mahdawi and Badar Khan Suri.All three have been targeted for deportation by the Trump administration, and have challenged the legality of their detentions with a string of motions and legal briefs in federal district courts. The judges in all of their cases agreed to release them while their immigration court cases played out. More

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    George Washington University student banned after pro-Palestinian graduation speech

    A graduation speech at George Washington University has resulted in the graduate being banned from the campus after she used the platform to criticize the university’s ties to Israel and express support for Palestinians.During Saturday’s commencement for the Columbian College of Arts & Sciences, part of GWU in Washington, DC, graduating senior Cecilia Culver delivered remarks to the graduating class of nearly 750.Culver condemned the deaths of Palestinians in Gaza, criticized GWU’s connections to Israel, and urged the audience to withhold donations from the college and push for financial transparency, as well as for the college to divest from Israeli-linked companies.“I am ashamed to know my tuition [fee] is being used to fund this genocide,” Culver said from the stage. “I call upon the class of 2025 to withhold donations and continue advocating for disclosure and divestment.”University officials later said Culver had not followed her pre-approved remarks. They later announced she would be barred from campus and university-sponsored events.“The speaker’s conduct during Saturday’s Columbian College of Arts and Sciences celebration event was inappropriate and dishonest: the speaker submitted and recited in rehearsal very different remarks than those she delivered at the ceremony,” the school said in a statement. “The speaker has been barred from all GW’s campuses and sponsored events elsewhere.”GWU also issued an apology, saying the speech had disrupted what was meant to be a celebratory occasion.The incident has since gone viral, with one video of the speech gaining more than 1 million views. Many have praised Culver for taking a stand on behalf of Palestinians, but others have criticized her for “politicizing” a graduation ceremony.skip past newsletter promotionafter newsletter promotionAt the event, many graduates loudly applauded and cheered for Culver, with several giving her a standing ovation. Associate dean Kavita Daiya also acknowledged her speech, saying the college supports diverse perspectives. Culver was also receiving a distinguished scholar award at the ceremony.Culver said in an interview with The GW Hatchet that “there was just never any point where I was not going to say something”. More

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    As key Israel allies threaten action over Gaza catastrophe, Washington is largely unmoved

    As Israel orders Palestinians to evacuate Khan Younis in advance of what it calls an “unprecedented attack” on Gaza, much of Washington remains largely unmoved, even as Canada and European countries threaten “concrete actions” if Israel does not scale back its offensive.Despite reports of growing pressure from the Trump administration to increase aid into Gaza, where widespread famine looms, the White House continues to publicly back Israel. National security council spokesperson James Hewitt told the Guardian in an email: “Hamas has rejected repeated ceasefire proposals, and therefore bears sole responsibility for this conflict,” maintaining the policy stance inherited from the previous Biden administration despite mounting evidence of humanitarian catastrophe.The Israeli military on Monday instructed residents of southern Gaza’s Khan Younis to “evacuate immediately” as it prepares to “destroy the capabilities of terrorist organizations” – signalling plans for intensified bombardment in a war that has already claimed more than 53,000 Palestinian lives, according to Gaza’s health ministry.Despite Israeli promises to “flatten” Gaza, opposition from Congress – and mainstream Democrats more broadly – has been largely muted. While the besieged territory faces what the World Health Organization (Who) calls “one of the world’s worst hunger crises”, more than three dozen members of Congress from both parties recently appeared in an American Israel Public Affairs Committee (Aipac) video in celebration of Israel’s 77th birthday. In New York, leading mayoral candidate Andrew Cuomo held up an Israeli flag in the city’s annual Israel Day Parade on Sunday.This political genuflection comes as a March Gallup poll shows American support for Israel has dropped to 46% – its lowest point in 25 years – while sympathy for Palestinians has risen to a record 33%. Democrats reported sympathizing with Palestinians over Israelis by a three-to-one ratio.On a recent episode of The Late Show with Stephen Colbert, Senator Bernie Sanders blamed Washington’s reluctance to change course on the financial muscle of lobbying groups. “If you speak up on that issue, you’ll have super Pacs like Aipac going after you,” Sanders said, noting Aipac’s record $14.5m campaign to unseat Democratic representative Jamaal Bowman after he accused Israel of genocide.A small contingent of progressive lawmakers continue to voice opposition despite being largely iced out from public discourse in Washington. Representative Delia Ramirez of Illinois condemned the “lethal, unaccountable, extremist duo” of Israeli prime minister, Benjamin Netanyahu, and Donald Trump. “Americans have said they do not want to be complicit in their barbaric campaigns. It is time for us in Congress to exercise our power and take action. Not one more cent, not one more bomb, not one more excuse,” she told the Guardian.Representative Ilhan Omar similarly decried the latest chapter of the lopsided war on Gaza, calling it “another unconscionable moral stain”.“Despite the fanfare of Donald Trump’s trip [to the Middle East last weak], they’re not closer to a ceasefire,” Omar said. “It is deeply shameful that innocent civilians are continuing to pay the price.”Vermont senator Peter Welch recently led 29 Senate colleagues in introducing a resolution calling on the Trump administration to end the blockade of humanitarian aid. “It’s been over two months since the Israeli government has been using its power to withhold food, medicine, lifesaving cancer treatments, dialysis systems, formula, and more from starving and suffering families across Gaza,” he said.Resolutions, however, are symbolic gestures meant to publicize opinions and do not have the force of law.While the lawmakers voice their concerns, their impact on policy remains limited, representing the growing disconnect between Washington policymakers and public sentiment. That the grassroots movement for Palestinian rights in the US has grown more subdued – in large part due to an aggressive crackdown by the Trump administration against the universities that were host to last year’s protests – may take some of the pressure off for them to act.One insider familiar with discussions between the US and Israel told the Washington Post that the Americans have been hitting Israel with a tougher stance over the last few weeks. Haaretz has also reported growing pressure by the US on Israel to agree to a framework for a temporary ceasefire.“Trump’s people are letting Israel know: ‘We will abandon you if you do not end this war,’” the insider said. Trump and JD Vance both skipped over Israel on recent trips abroad, widely interpreted as a snub of Netanyahu.Netanyahu has announced the resumption of “minimal” humanitarian aid into Gaza, and the UN said on Monday that nine aid trucks were authorised to enter Gaza, a “drop in the ocean” given the scale of desperation.Whether US voices calling for change in US policy and a wind-down of the catastrophic war are just shouting in the void, may become clearer in the coming days. More

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    Trump once condemned Qatar. How things have changed | Mohamad Bazzi

    On his tour of the Middle East last week, Donald Trump was treated like royalty by the leaders of the wealthiest countries in the Arab world. The US president was feted in gilded ballrooms, his motorcade was flanked by dozens of men riding white Arabian horses and he was awarded an elaborate gold medal necklace. The leaders of Saudi Arabia, Qatar and the United Arab Emirates went out of their way to show Trump that they respect him more than his predecessor, Joe Biden.While Trump frequently praised Saudi and UAE leaders during his first term, he was highly critical of Qatar, a small emirate that is rich in natural gas but usually overshadowed by its two larger and more powerful neighbors. In June 2017, Trump said Qatar “has historically been a funder of terrorism at a very high level” and he supported a blockade against the country, led by Saudi Arabia and the UAE. Qatar’s neighbors accused it of financing terrorism by supporting the Muslim Brotherhood and Hamas, and being too cozy with Iran. The blockade, which disrupted the lives of thousands of people across the Persian Gulf, stretched until early 2021.Today, Qatar has emerged as the unlikely success story of Trump’s first state visit of his second term. It was no accident that the Qatari royal family recently offered to donate a $400m luxury jet – a “palace in the sky” Boeing 747 – that the president could use as Air Force One for the rest of his term. The plane’s ownership would then be transferred to Trump’s presidential library, meaning he would be able to continue using the jet after he leaves office. Despite the administration’s convoluted effort to frame this as a donation from Qatar to the US government, it would in effect be a gift for Trump’s personal benefit.It’s yet another way that Trump is using the presidency to enrich himself and his family business, which has ongoing deals for Trump-branded real estate projects and golf resorts worth billions of dollars in the three wealthy Gulf petrostates that Trump visited last week. So far, neither Congress nor US courts have tried to sanction Trump over the US constitution’s foreign emoluments clause, which forbids the president from accepting gifts or payments from a foreign government without congressional approval.Qatar seems to have won Trump’s respect with its lavish gift and a charm offensive built around its role as a global mediator that is able to bring enemies together. During the first Trump administration, Qatar brokered a peace agreement between the US and Taliban leaders, which was supposed to lead to a phased withdrawal of American troops from Afghanistan. During the Biden administration, Qatar hosted indirect talks for a prisoner swap between Iran and the US, which included unblocking $6bn in frozen Iranian oil funds – an agreement that Washington later rescinded.But Qatar’s most high-stakes mediation role has been to serve as the main conduit for negotiations between Israel and Hamas, after the October 2023 Hamas attack and Israel’s devastating war on Gaza. The Qataris helped broker a one-week ceasefire in November 2023, and a two-month truce that started this past January and collapsed in March.Yet since the emirate emerged as a primary mediator in Gaza, politicians in both the US and Israel ratcheted up their attacks on Qatar. They accused its leaders of supporting terrorism by hosting members of Hamas’s political leadership in Doha, the Qatari capital, where several settled after they were forced out of Damascus for turning against the Syrian dictator Bashar al-Assad, who was facing a popular uprising. Throughout the stalled Gaza negotiations, several members of Congress demanded that the Biden administration pressure Qatar to close the Hamas offices and expel its leaders. The Qataris resisted those demands and consistently pointed out that Barack Obama’s administration had asked Qatar in 2012 to establish an indirect channel that would allow the US to communicate with Hamas.After news broke of Qatar’s plan to donate the luxury jet to Trump, some figures in the president’s Maga movement revived complaints about the emirate’s support for Hamas and other Islamist groups. “We cannot accept a $400 million ‘gift’ from jihadists in suits,” Laura Loomer, a far-right activist who last month convinced Trump to fire six White House national security staffers, wrote on X. She added: “I say that as someone who would take a bullet for Trump. I’m so disappointed.”But most of the Republicans in Congress who had urged Biden to punish Qatar for its support of Hamas have so far stayed quiet about Trump’s decision to accept the $400m plane and cozy up to Qatar’s rulers. That’s partly an indication of how Trump has successfully banished or ignored many hawkish Republicans and neoconservatives during his second term, preferring to negotiate with Iran and other US adversaries. Qatar’s role as a mediator that can resolve regional conflicts is particularly attractive to Trump, who sees himself as the ultimate dealmaker.In this term, Trump has surrounded himself with longtime friends as top advisers, including Steve Witkoff, a billionaire real estate developer who is serving as the president’s Middle East envoy and all-around troubleshooter. Witkoff has been publicly praising Qatar’s leaders for their mediation efforts with Hamas since he took office in January – and the envoy’s praise is clearly resonating with Trump, who has dramatically changed his approach toward Qatar. “They’re good, decent people,” Witkoff said of the Qataris during an interview in March with Tucker Carlson, the rightwing media host and Maga figure. “What they want is a mediation that’s effective, that gets to a peace goal. And why? Because they’re a small nation and they want to be acknowledged as a peacemaker.”Witkoff’s comments echoed the strategy of Qatar’s ruler, the 44-year-old Sheikh Tamim bin Hamad al-Thani, who took power in 2013 when his father abdicated the throne. The emir has tried to position Qatar as a force in global geopolitics not just for prestige, but also as a way to ensure his ruling family’s survival amid sometimes aggressive neighbors. (Those neighbors, especially Saudi Arabia and the UAE, have tried to impose their own foreign policy directives on Qatar, as they did during the blockade that Trump supported in his first term.) Qatar still walks a tightrope of proving itself crucial to the US and western powers by being one of the world’s largest and most reliable suppliers of liquified natural gas, and also maintaining ties with non-state groups such as Hamas, Hezbollah and the Taliban.Qatar has tried to hedge its bets by positioning itself to play an outsize role as a dealmaker, one that a country of its size would not normally take on. That policy began under the current emir’s father, who launched the state-owned Al Jazeera satellite network in 1996 as part of Qatar’s soft-power campaign to increase its influence in the Middle East. And while Qatar directly funded Islamist groups soon after the 2011 Arab uprisings in Syria, Libya and Egypt, the emirate’s leaders became more cautious in recent years and shifted toward cementing their role as global negotiators.For decades, Qatari leaders have also worked to solidify a military alliance with the US. After the attacks of 11 September 2001, they allowed Washington to use Al-Udeid Air Base outside Doha to launch air strikes against Afghanistan. Qatar later invested $8bn to upgrade the base, which has become the largest US military installation in the Middle East, housing up to 10,000 troops. On Thursday, as Trump wrapped up his visit to Qatar, he delivered a meandering, campaign-style speech to US troops stationed at the base. He bragged about economic agreements he had signed with Qatari leaders the previous day, which the White House valued at more than $243bn.Trump also expounded on the value of Qatar’s loyalty: “I don’t think our friendship has ever been stronger than it is right now.” Earlier on Thursday, he praised Qatar’s emir and told a meeting of business leaders: “We are going to protect you.”For Trump, who sees all diplomacy as transactional, that is the ultimate favor he can bestow: US protection for a foreign leader who is trying to resolve regional conflicts – and also happened to offer the president an extravagant gift.

    Mohamad Bazzi is the director of the Hagop Kevorkian Center for Near Eastern Studies and a journalism professor at New York University More

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    Judges thwart Trump effort to deport pro-Palestinian students – but their fight isn’t over

    The Trump administration suffered yet another blow this past week to its efforts to deport international students over their pro-Palestinian speech, when a third federal judge threw a wrench into a government campaign widely criticized as a political witch hunt with little historical precedent.On Wednesday, a federal judge in Virginia ordered immigration authorities to release Georgetown University postdoctoral fellow Badar Khan Suri from custody. The Indian scholar’s release followed that of Rümeysa Öztürk, a Tufts University student from Turkey, and Mohsen Mahdawi, a Palestinian permanent resident and Columbia University student. The administration is seeking to deport all of them on the grounds that their presence in the US is harmful to the country’s foreign policy, part of a crackdown on political dissent that has sent shockwaves through US campuses.Only the first foreign student to be detained by the administration over his activism, Mahmoud Khalil, a US permanent resident of Palestinian descent, remains in detention more than two months after being taken from his Columbia University residential building. Yunseo Chung, another Columbia student and green card holder, went into hiding and sued the administration in March before authorities could detain her; others have left the country rather than risk detention.A federal judge in New Jersey is expected to rule soon on a request to release Khalil pending further resolution of his case – but his attorneys are hopeful the other releases are a good sign. The green card holder, who is married to a US citizen, was known on Columbia’s campus as a steady mediator between the university administration and student protesters. He was recently denied a request to attend the birth of his son.“These decisions reflect a simple truth – the constitution forbids the government from locking up anyone, including noncitizens, just because it doesn’t like what they have to say,” said Brian Hauss, a senior staff attorney with the American Civil Liberties Union, one of the groups representing Khalil and the others. “We will not rest until Mahmoud Khalil is free, along with everyone else in detention for their political beliefs.”Diala Shamas, a senior staff attorney at the Center for Constitutional Rights, which is also involved in Khalil’s defense, said that “we’re seeing wins in all of these cases”, but added that “every single day that Mahmoud Khalil spends in detention is a day too long and adds to the chilling effect that his continued detention has on other people”.The arrests have prompted widespread anxiety among international students and scholars and significantly contributed to a climate of fear and repression on US campuses. Despite occasional efforts to revive it, last year’s mass campus protest movement has been significantly dampened, even as Israel’s war in Gaza – the focus of the protests – is only escalating.But while the Trump administration seems to be getting clobbered in court, the fundamental question at the heart of the cases – whether the government has the authority to detain and deport noncitizens over their political speech – is far from settled.‘Times of excess’Khan Suri, Öztürk and Mahdawi have all been released pending a resolution to federal court cases over the government’s authority to detain them. Separately, the government’s effort to deport them is moving through the immigration court system, a different process.Advocates warn of a long legal battle that is likely to end up before the US supreme court. But they are hopeful. The releases, which required clearing substantial legal thresholds, are a welcome sign, they say, that the courts are skeptical of the government’s broader case: that it has the authority to use an obscure immigration provision to deport anyone the secretary of state deems a foreign policy problem.The government hasn’t clearly defended its position. In an appeal hearing this month in Öztürk and Mahdawi’s cases, one of the judges on the panel asked the government’s lawyers whether the administration believed the students’ speech to be protected by the first amendment’s guarantees of free speech and expression“We have not taken a position on that,” one of the attorneys, Drew Ensign, responded. “I don’t have the authority to take a position on that.”Instead, the legal proceedings thus far have largely focused on jurisdictional and other technical arguments. In Khalil’s case, for example, a New Jersey judge recently issued a 108-page decision dealing exclusively with his authority to hear the case. The judge hasn’t yet signaled his position on the constitutional questions.US district court judge Geoffrey Crawford, who ordered Mahdawi’s release, compared the current political moment with the red scare and Palmer raids of the early 20th century, when US officials detained and deported hundreds of foreign nationals suspected of holding leftist views, as well as the McCarthyism of the 1950s.“The wheel of history has come around again,” Crawford wrote, “but as before these times of excess will pass.”In her ruling in Khan Suri’s case this week, US district judge Patricia Giles said that his release was “in the public interest to disrupt the chilling effect on protected speech”, and that she believed the broader challenge against the government had a substantial likelihood of success.Chip Gibbons, the policy director at Defending Rights & Dissent, a civil rights group, noted that while challenging immigration detention is often an “uphill battle” given the deference typically shown by judges to the government, the rulings might suggest otherwise.“Three separate federal judges, in three separate cases, have found that victims of the Trump-Rubio campaign of politically motivated immigration enforcement raise substantial constitutional claims challenging their detention,” he added. “Even a federal judiciary all too often deferential to executive claims of national security or foreign policy powers has clearly seen that the administration’s actions are likely retaliatory against political speech.”But even if the government ultimately loses its bid to deport students whose views it does not like, the free speech climate in the US has changed. The administration continues to pursue coercive investigations into universities under the guise of fighting antisemitism, dangling billions of dollars in funding as a threat, and universities have been surprisingly compliant in order to prevent a revival of last year’s protests.But some voices remain defiant. “We will not fear anyone because our fight is a fight for love, is a fight for democracy, is a fight for humanity,” Mahdawi said at a press conference upon his release. “This system of democracy [has] checks and balances, and discord is part of it.” More

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    Trump’s border intimidation is coming for US citizens too – ask streamer Hasan Piker | Owen Jones

    Where are all the free speech warriors on the right now? Hasan Piker, a popular streamer with 4.5 million followers across YouTube and Twitch, who has been hailed by mainstream publications such as the New Yorker and New York Times as the left’s answer to the deluge of rightwing internet influencers, says he was detained and questioned for hours by border control agents as he re-entered the US (Piker is a US citizen). It is an instructive moment. Countries that behave like this towards political commentators and dissenting voices who are their own citizens are either nakedly authoritarian, or well on the way.Piker was reportedly interrogated at length not just about Hamas, the Houthis and Hezbollah, but his views on Donald Trump. The 33-year-old pundit – an unapologetic champion of the Palestinian cause – stuck to a message of opposing “endless bloodshed” and siding with civilians. That the biggest progressive streamer in the US was subjected to this experience is emblematic of a phenomenon that requires an accurate and insistent description: it is the biggest assault on free speech in the west since the height of McCarthyism seven decades ago.When foreign-born citizens – including green card holders – began to be detained by US authorities over their opposition to Israel’s genocide, it should have been clear that this was just phase one: US citizens would be next. Sure, Piker wasn’t arrested, but the authorities are pushing the boundaries bit by bit. The numbers of foreign visitors entering the US are falling as it is, undoubtedly driven by fears of a punitive border regime. But Piker’s detention sends a message to Americans with dissenting opinions – not least opponents of Israel’s genocide. The threat of being stopped at the border and subjected to lengthy interrogation simply because of what you think is straightforward political intimidation. It won’t stop there.That the vice-president, JD Vance, railed against Europe for a supposed war on free speech underlines what a sham this favoured narrative of the right always was. Weeks later, his boss announced that universities allowing “illegal” protests would be starved of federal cash – with Columbia University losing $400m despite having clamped down on pro-Palestinian protests – and dissenting students would be variously expelled, arrested, imprisoned or deported. Alas, it was under the Biden administration that the McCarthyite blacklisting-style campaign began, with defenders of Palestinian rights being variously deplatformed, fired and threatened.Indeed, Vance could have noted how European countries such as Germany have assaulted free speech by silencing pro-Palestinian activists: from imposing crippling restrictions on protests and violently assaulting demonstrators to shutting down conferences, sacking people who speak out and now seeking to deport activists, too. Alas, it’s not really free speech that Vance is interested in, but rather advancing far-right politics.If we’re going to discuss who is being stopped at the border, let’s discuss the astonishing 23,380 US citizens who serve in the IDF, according to figures quoted in the Washington Post a year ago. Many of them are undoubtedly committing unspeakable war crimes in Israel’s genocidal onslaught. Yet they are being waved through the border. And that really sums it up. If like Piker, you speak out against genocide, you are liable to be treated as a criminal as you enter your own country. If you’re a US citizen serving in a foreign army committing heinous atrocities, you’re more likely to be treated as a hero. The world is turned on its head.

    Owen Jones is a Guardian columnist

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    To my newborn son: I am absent not out of apathy, but conviction | Mahmoud Khalil

    Yaba Deen,* it has been two weeks since you were born, and these are my first words to you.In the early hours of 21 April, I waited on the other end of a phone as your mother labored to bring you into this world. I listened to her pained breaths and tried to speak comforting words into her ear over the crackling line. During your first moments, I buried my face in my arms and kept my voice low so that the 70 other men sleeping in this concrete room would not see my cloudy eyes or hear my voice catch. I feel suffocated by my rage and the cruelty of a system that deprived your mother and me of sharing this experience. Why do faceless politicians have the power to strip human beings of their divine moments?Since that morning, I have come to recognize the look in the eyes of every father in this detention center. I sit here contemplating the immensity of your birth and wonder how many more firsts will be sacrificed to the whims of the US government, which denied me even the chance of furlough to attend your birth. How is it that the same politicians who preach “family values” are the ones tearing families apart?Deen, my heart aches that I could not hold you in my arms and hear your first cry, that I could not unfurl your clenched fists or change your first diaper. I am sorry that I was not there to hold your mother’s hand or to recite the adhan, or call to prayer, in your ear. But my absence is not unique. Like other Palestinian fathers, I was separated from you by racist regimes and distant prisons. In Palestine, this pain is part of daily life. Babies are born every day without their fathers – not because their fathers chose to leave, but because they are taken by war, by bombs, by prison cells and by the cold machinery of occupation. The grief your mother and I feel is but one drop in a sea of sorrow that Palestinian families have drowned in for generations.View image in fullscreenDeen, it was not a gap in the law that made me a political prisoner in Louisiana. It was my firm belief that our people deserve to be free, that their lives are worth more than the televised massacre we are witnessing in Gaza, and that the displacement that began in 1948 and culminated in the current genocide must finally end. This mere belief is what made the state scramble to detain me. No matter where I am when you read this – whether I’m in this country or another – I want to impress upon you one lesson:The struggle for Palestinian liberation is not a burden; it is a duty and an honor we carry with pride. So at every turning point in my life, you will find me choosing Palestine. Palestine over ease. Palestine over comfort. Palestine over self. This struggle is sweeter than a life without dignity. The tyrants want us to submit, to obey, to be perfect victims. But we are free, and we will remain free. I hope you feel this as deeply as I do.Deen, as a Palestinian refugee, I inherited a kind of exile that followed me to every border, every airport, every form. Borders mean something to me that they may not mean to you. Each crossing required me to prove my docility, my identity and my very right to exist. You were born an American citizen. You may never feel that weight. You may never have to translate your humanity through paperwork, countless visa applications and interview appointments. I hope you use this not to separate yourself from others, but to uplift those who live under the same circumstances that once constrained me. But I won’t pretend this citizenship protects you. Not completely. Not when you have my name. Not when those in power still see our people as threats.One day, you might ask why people are punished for standing up for Palestine, why truth and compassion feel dangerous to power. These are hard questions, but I hope our story shows you this: the world needs more courage, not less. It needs people who choose justice over convenience.It is nothing but the dehumanization and racist disregard for Palestinians that renders their lives forgettable and that dares describe Palestinian fathers who love their sons as “terrorists”. Perhaps that is why the world so quickly forgot the killing of four-month-old Iman Hijjo in Gaza in 2001. Why did Ahmed Abu Artema’s beloved son Abdullah die hungry for bread? Who recalls the children lost in the Flour Massacre? Where is the justice for the fathers in the West Bank who carefully dress their sons for prison? Why does liberty not visit the bodies of Palestinian children whose limbs are missing, whose ribs are exposed under thin skin and who are born lovingly only to die under an Israeli bomb?On this first Mother’s Day for Noor, I dream of a world where all families are reunited to celebrate the incredible women in their lives. Many years ago, on one of our very first dates, I had asked your mother what she would change in the world if she could. Her simple response was: “I just want people to be nicer to each other.” Deen, you were born to a mother as gentle as she is fierce. I pray that you live in a world shaped by that kindness. I hope, with all my heart, that you will not witness the oppression that I’ve known. I hope that you never need to chant for Palestine, because it has long been free with dignity and prosperity for all. Should that day come, know that it was ushered in through the courage of those who came before you. I am certain that in this new world, you and I will visit Tiberias together, drink from the river and marvel at the sea. There, in a free and just Palestine, you will see the fruits of our struggle.Deen, my love for you is deeper than anything I have ever known. Loving you is not separate from the struggle for liberation. It is liberation itself. I fight for you, and for every Palestinian child whose life deserves safety, tenderness and freedom. I hope one day you will stand tall knowing your father was not absent out of apathy, but out of conviction. And I will spend my life making up for the moments we lost – starting with this one, writing to you with all the love in my heart.*Yaba Deen: “Yaba” (يابا ) is an affectionate term meaning “dad” in Arabic. In Palestinian Arabic, yaba is often used self-referentially to center the father-son bond in the greeting itself. So when a father says “yaba”, he’s using a tender, fatherly voice to address his child, somewhat like saying: “From your dad, Deen” or “My son, from your yaba (dad)”.

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