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      The US government is effectively kidnapping people for opposing genocide | Moira Donegan

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      The abductors wore masks because they do not want their identities known. On Tuesday evening, Rumeysa Ozturk exited her apartment building and walked on to the street in Somerville, Massachusetts – a city outside Boston – into the fading daylight. Ozturk, a Turkish-born PhD student at Tufts University who studies children’s media and childhood development, was on her way to an iftar dinner with friends, planning to break her Ramadan fast.In a video taken from a surveillance camera, she wears a pink hijab and a long white puffer coat against the New England cold. The first man, not uniformed but wearing plain clothes, as all the agents are, approaches her as if asking for directions. But he quickly closes in and grabs her by the wrists she has raised defensively toward her face.She screams as another man appears behind her, pulling a badge out from under his shirt and snatching away her phone. Soon six people are around her in a tight circle; she has no way to escape. They handcuff her and hustle her into an unmarked van. Attorneys for Ozturk did not know where Immigration and Customs Enforcement (Ice), the US homeland security department that has become Trump’s anti-immigrant secret police, had taken the 30-year-old woman for almost 24 hours.In that time, a judge ordered Ice to keep Ozturk, who is on an F-1 academic visa, in Massachusetts. But eventually, her lawyers learned that their client had been moved, as many Ice hostages are, to a detention camp in southern Louisiana, more than 1,000 miles (1,600km) from where she was abducted.In the video, before she is forced into the van, Ozturk looks terrified, confused. She may well have thought she was being robbed by street thugs; she did not seem to understand, at first, that she was being kidnapped by the state. She tries to plead with her attackers. “Can I just call the cops?” she asks. “We are the police,” one of the men responds. Ozturk remains imprisoned; she has been charged with no crime. In the video of her arrest, a neighbor can be heard nearby, asking: “Is this a kidnapping?”The answer is yes. Ozturk is one of a growing number university students who have been targeted, issued arrest warrants, or summarily kidnapped off the streets by Ice agents. She joins the ranks of include Mahmoud Khalil, the Syrian-born Palestinian former graduate student and green card holder from Columbia University; Alireza Doroudi, an Iranian-born mechanical engineering doctoral student at the University of Alabama; Yunseo Chung, a 21-year-old Columbia undergraduate who was born in South Korea but has long been a green card holder after immigrating to the United States with her parents at the age of seven; and Momodou Taal, a dual British and Gambian citizen who is studying for a graduate degree at Cornell University and has gone into hiding after receiving a summons from Ice to turn himself in for deportation proceedings.Many of these students had some connection – however tenuous – to anti-genocide protests on campuses over the past year and a half. Taal and Khalil, in different capacities, were leaders of protests for Palestinian rights at their respective universities. Chung attended one or two demonstrations at Columbia. Ozturk co-authored an op-ed in the Tufts student newspaper that cited credible allegations that Israel was violating international human rights law in Gaza and called on the university president to take a stronger stance against the genocide. In a statement regarding her arrest, a DHS spokesperson said: “Investigations found Ozturk engaged in activities in support of Hamas.” They meant the op-ed.The state department claims that some of these students have had their visas or permanent resident status rescinded – in a video of the arrest of Mahmoud Khalil, taken by his pregnant wife, agents proclaim that his student visa has been revoked, but when they are informed that he has a green card, they say: “We’re revoking that too.” This unilateral revocation of green card protections, without notice or due process, is illegal. But that is not the point – the Trump administration clearly thinks of immigrants as a population with no rights that they need respect.Rather, the point is that Trump administration’s promise to crack down on student protests against Israel’s genocide in Gaza has the effect of articulating a new speech code for immigrants: no one who is not a United States citizen is entitled to the first amendment right to say that Israel is committing a genocide in Gaza, or that the lives of Palestinians are not disposable by virtue of their race.It is up to those us who do have citizenship to speak the truth that the Trump administration is willing to kidnap people for saying: genocide is wrong, Israel is committing it against Palestinians in Gaza, and Palestinians, like all people, deserve not only the food and medicine that Israel is withholding from them, and not only an end to Israel’s relentless and largely indiscriminate bombing, but they deserve freedom, dignity and self-determination. This has become an unspeakable truth in Trump’s America. Soon, there will be other things we are not allowed to say, either. We owe it to one another to speak these urgent truths plainly, loudly and often – while we still can.Here is another truth: that the US’s treatment of these immigrants should shame us. It was once a cliche to say that the US was a nation of immigrants, that they represented the best of our country. It is not a cliche anymore. For most of my life as an American, it has been a singular source of pride and gratitude that mine was a country that so many people wanted to come to – that people traveled from all over the world to pursue their talent, their ambition and their hopefulness here, and that this was the place that nurtured and rewarded them.It may sound vulgar to speak of this lost pride after Ozturk’s kidnapping – all that sentimentality did nothing, after all, to protect her, and may in the end have always been self-serving and false. But as we grapple with what America is becoming – or revealing itself to be – under Donald Trump, I think we can mourn not only the lost delusions of the past but the lost potential of the future.Ozturk – a student of early childhood education, and someone brave enough to take a great personal risk in standing up for what she thought was right – seems like a person the US would be lucky to have. Instead we are punishing her, terrorizing her, kidnapping her and throwing her away. She deserves better, and so do all of our immigrants – hopeful, struggling people who mistook this for a place where they could thrive. Who, in the future, will continue to think of the US as a place where immigrants can make a difference, can prosper? Who will share their gifts with us now?

      Moira Donegan is a Guardian US columnist More

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      Columbia protester suit raises questions about free speech rights: ‘Immigration enforcement as a bludgeon’

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      In a matter of days, Yunseo Chung was sent into hiding.On 5 March, Chung – a 21-year-old student at Columbia University – attended a sit-in to protest the expulsion of several students involved in pro-Palestinian activism at the famed New York university. Four days later, Immigration and Customs Enforcement (Ice) agents showed up at her parents’ home.When they couldn’t find her there, Ice sought help from federal prosecutors and searched her dormitory – using a warrant that cited a criminal law against “harboring noncitizens”. They revoked her green card and accused her of posing a threat to US foreign policy interests.On Monday, Chung sued Donald Trump and other high-ranking administrations to stop their targeting of her and other students. And on Tuesday, a federal judge ordered the Trump administration to halt its efforts to arrest and deport Chung, saying “nothing in the record” indicated that Chung posed a danger to the community.“After the constant dread in the back of my mind over the past few weeks, this decision feels like a million pounds off of my chest. I feel like I could fly,” she shared in a statement to the Guardian after the ruling.Her location remains undisclosed, and Chung herself has remained shielded – for her own protection – from the public. But she has nonetheless made a powerful statement, by raising a simple question: if the administration can arbitrarily and unilaterally threaten immigrants over political views they disagree with, if it can disregard the free speech rights of lawful permanent residents – what limits, if any, remain on its power?“Officials at the highest echelons of government are attempting to use immigration enforcement as a bludgeon to suppress speech that they dislike, including Ms. Chung’s speech,” her lawyers write in the suit.Unlike some of the other students the administration has targeted for pro-Palestinian activism, including recent graduate Mahmoud Khalil, who led protests on campus, and Cornell PhD student Momodou Taal, who delivered speeches at his university’s pro-Palestinian encampment, Chung’s involvement in the movement was low-profile. She didn’t play an organizing or leading role in any of the protest efforts; she didn’t speak to the media about her activism.“She was, rather, one of a large group of college students raising, expressing, and discussing shared concerns,” her lawyers write.Chung moved to the US from South Korea when she was seven, and has lived in the country ever since. She was a valedictorian in high school; at Columbia, she had contributed to a literary magazine and an undergraduate law journal. She has maintained a 3.99 GPA and interned with a number of legal non-profits including the Innocence Project.Last spring, Chung was one of hundreds of students and other activists who set up the Gaza Solidarity Encampment on the university campus, and hundreds of others visited the space to attend speeches, community events and protests. As the university began meting out disciplinary actions against protesters, hundreds of students and faculty also joined in a walkout in solidarity with student activists, demanding amnesty to student protesters.View image in fullscreenIn May last year, Chung and other students faced disciplinary proceedings for posting flyers on school campus – but the university ultimately found that Chung had not violated policies, according to the lawsuit.After that, Chung continued her studies, and it wasn’t until earlier this month that she came onto immigration officials’ radar.Earlier this year, Barnard College, a sister school to Columbia, announced the expulsions of several protesters – amid a renewed, nationwide crackdown on student protesters that came following pressures from the Trump administration to tamp down pro-Palestinian activism on campus.Chung attended a sit-in demonstration calling on Barnard to reverse the expulsions. Chung became trapped between a crowd of students and New York police department officers investigating a bomb threat, according to the suit. She, and others, were charged by the NYPD for “obstruction of governmental administration”.Days later, immigration officials obtained a warrant to track down and arrest Chung. In a statement on Monday, the Department of Homeland Security characterized the sit-in she attended as a “pro-Hamas protest at Barnard College”.In a press conference after a hearing on Chung’s case Tuesday, Ramzi Kassem, one of her lawyers, said that Chung “remained a resident of the Southern District of New York” and had been “keeping up with her coursework” even amid Ice’s efforts to track her down and arrest her.In a lawsuit filed Monday, Chung’s lawyers wrote that the prospect of arrest and detention has “chilled her speech” – and note that the administration’s pursuit of non-citizen students had overall dampened free expression.“Ms. Chung is now concerned about speaking up about the ongoing ordeal of Palestinians in Gaza as well as what is happening on her own campus: the targeting of her fellow students,” the suit alleges.Scores of other students could also be silenced with similar threats, the suit argues. Faculty at Columbia and universities across the US have reported that international students and green card holders have been worried about attending classes, and are reconsidering plans to visit family, study abroad or travel for research.The administration has also placed immense pressure on universities to cooperate with its crackdown on protesters. Last week, the university agreed to overhaul its protest policies and hire an internal security force of 36 “special officers” who will be empowered to remove people from campus after the administration revoked $400m in funding for the university, which many faculty have taken as a dangerous capitulation that will endanger academic freedom.And the threat of deportation against her is a powerful one, the suit continues. If she is sent to South Korea, she would be arriving in a country she hardly knows – separated from her parents and community, and a sister who is about the start college as well.“Yunseo no longer has to fear that Ice will spirit her away to a distant prison simply because she spoke up for Palestinian human rights,” said Kassem in a statement to the Guardian. “The court’s temporary restraining order is both sensible and fair, to preserve the status quo as we litigate the serious constitutional issues at stake not just for Yunseo, but for our society as a whole.” More

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      USC enacts hiring freeze and makes cuts over Trump threats to funding

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      The University of Southern California announced an immediate hiring freeze for all staff positions, “with very few critical exceptions” in a letter to faculty and staff on Tuesday.The letter, from USC’s president, Carol Folt, and provost, Andrew Guzman, said the hiring freeze was one of nine steps to cut the school’s operating budget amid deep uncertainty about federal funding – given sweeping cuts to scientific research, the reorganization of student loans, and an education department investigation accusing the university of failing to protect Jewish students during protests over Israel’s destruction of Gaza following the Hamas attacks on 7 October 2023.“Like other major research institutions, USC relies on significant amounts of federal funding to carry out our mission,” the university administrators wrote. “In fiscal year 2024, for example, we received approximately $1.35 billion in federal funding, including roughly $650 million in student financial aid and $569 million for federally funded research. The health system also receives Medicare, Medicaid, and Medi-Cal payments – a significant portion of its revenues – and the futures of those funds are similarly uncertain.”The other measures include: permanent budget reductions for administrative units and schools, a review of procurement contracts, a review of capital projects “to determine which may be deferred or paused”, a curtailment of faculty hiring, new restriction on discretionary spending and expenses for travel and conferences, an effort to streamline operations, a halt on merit-based pay increases, and an end to extended winter recess introduced during the Covid-19 pandemic.Two weeks ago, USC was one of 60 schools notified by the Department of Education’s Office for Civil Rights of “potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students on campus”.The newly announced budget cuts follow a university statement in November of last year that informed staff that “rising costs require … budgetary adjustments”. In 2024, that statement said: “USC’s audited financial statement shows a deficit of $158 million.”“Over the past six years, our deficit has ranged from $586 million during legal cost repayments and COVID, to a modest positive level of $36 million in 2023,” USC administrators wrote in November.“Similar deficits are being reported at many peer institutions due to rising costs that outpace revenues across all of higher education,” they added. More

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      Why are other universities silent in condemning Trump’s attacks on Columbia? | Zephyr Teachout

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      University presidents need to be working together to speak up against Donald Trump. Across the country, higher education is facing a crisis that threatens the entire vision of independence: a direct federal government effort to destroy academic freedom by controlling ideas and acceptable areas of inquiry. University leaders should be standing in solidarity with those who have been attacked to defend academic freedom and free speech. So far, all but five have been silent.The US president has made no secret of his intent to control what is studied, thought and debated. His administration sent a letter to Columbia University demanding sweeping changes, including placing the Middle Eastern, South Asian and African studies department under “academic receivership” for five years, abolishing the university judicial board, and centralizing all disciplinary processes under the office of the president. Such unprecedented intervention is blatantly illegal and a wholesale attack on academic freedom and free speech. On Friday, Columbia capitulated.It is an embarrassment to Columbia, of course, but the embarrassment is not Columbia’s alone. The use of federal funding threats to control universities should be a five-alarm fire for the thousands of other universities, and yet the response from the majority of academic leadership has been silence.By my count, five university presidents have publicly condemned Trump. The president of Wesleyan, Michael Roth, has been the first and loudest, clearly expressing the unacceptable nature of Trump’s attack. The presidents of Mount Holyoke, Delta College in Michigan, Trinity Community College in Washington DC, and Princeton have also made clear that what Trump is doing is unacceptable.The thousands of others who are keeping totally quiet know what is happening, and how serious it is; in a recent survey, 94% said Trump directly threatened academic freedom.The silence from university presidents is particularly jarring when compared with the swift and seemingly coordinated statements universities have issued on dozens of other issues – from US supreme court decisions to international conflicts to campus protests. Now that it comes to defending their core institutional values against a direct authoritarian attack, their collective voice is crickets.The reasons are understandable. If any one university speaks out, they are scared Trump would pull funding. The president of that university will have to see the place they love and the people they are responsible for gutted by a $50 or $100 or $400 million cut, either to federal grants or scholarships. What if speaking out will change nothing? Why risk the all-critical research of their science faculty, important scholarships for their students, for a statement that might lead to naught?This is the grotesque genius of his attack on Columbia, which operated like putting a dead body on a car for all to see – so long as each university president sees their job in isolation, and their possible defiance in isolation, all arrows point towards silence. He wins without even having to fight.But what if he did have to fight? It is not at all clear that Trump will pull funding. He hasn’t attacked Wesleyan, Princeton, Delta, Liberty. This isn’t an oversight: he wants the ground of the debate to be at Columbia, to be conflated with Gaza-Israel, to be complicated by questions about protests and student discipline and the nature of Ivy League education.If he takes on the Big 10 schools, or a small liberal arts community college, or a Catholic university like the one at which I teach, or any school where there is no pre-existing major conflict, he will be more cleanly revealed as an anti-speech bully. The university presidents can have litigation counsel at the ready to file for a temporary restraining order if Trump pulls funding because of disliked speech, and they will win these lawsuits. Constitutional law is on the side of protecting academic freedom and political speech.I don’t want to sugarcoat it: Trump could cause real chaos, significantly hurt programs while the legal fight is going on, and scare off other alumni donors to a school – who are themselves scared. If they spoke up alone, it’s possible it wouldn’t matter. I understand why university presidents are so trepidatious – he could truly wreck havoc on the people that they have pledged to care for.But it is precisely because of this dilemma that each leader is morally required to speak up – and to be prioritizing identifying others who will speak up as well over all else. It is an existential moment: standing by in silence as other universities get humiliated leads to all being humiliated.While it is far from assured that a single voice will lead to others, courage is courageous, and not only because of its natural infectiousness. The more universities speak up, the more obvious it will become that Trump cannot take on all of them, the weaker he will be, the more he will be revealed as an anti-dissent authoritarian. Trump does care how popular he is, and it matters for his leverage in Congress, too. He ran in part on freeing speech; the more it is clear he is imprisoning it, the worse he’ll do.This red scare will not end with an appeal to decency that is seen around the country on national television. Trump is worse than McCarthy; he is more powerful, more vengeful, and more determined to destroy institutions and bend them into subservience. But it can end with collective bravery. If they can find a way to share methodology for financial aid, they can find a way to share a rebuke to Trump.To be sure, the reputational power of universities is low, and university presidents have little faith that they have any meaningful political power. Their weak reputations came about in part because of illiberalism in the last 10 years, brought on in part by a rhetoric of student safety trumping free discourse, and in part because of the ungodly cost of tuition. The recent price-fixing lawsuits haven’t helped.That leads me to wonder whether there might be other reasons university presidents are so quiet; more mundane, human, contextual ones. They tend to be trained in thinking strategically when virtue ethics is what is called for; game theory has a way of demanding data points that no one has. Or perhaps, after making too many statements on too many topics in the 2018-2022 period, presidents may be exhausted and annoyed when they are told that speaking out is a moral imperative. They have been turning towards institutional neutrality in most policy issues, tired of being told that every crisis demands a university president voice – one last call demanding courage can feel like overload, overwrought and irrelevant.The reason this is different is because the government is attacking free speech and free inquiry itself. The current collective cowardice is self-defeating. Their refusal to stand together now only makes them more vulnerable in the future, and less credible when they say they are privately resisting. How can we trust they aren’t complying in advance, reshaping their curriculum and research dollars to avoid retribution? We can’t.If university leaders, some of the most privileged people in our society, allow themselves to be bullied and blackmailed, and refuse to coordinate with each other on courage, how do we expect any other institutions – law firms, non-profits, businesses – to stand up?

      Zephyr Teachout is an American attorney, author, political candidate, and professor of law specializing in democracy and antitrust at Fordham University More

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      The new definition of antisemitism is transforming America – and serving a Christian nationalist plan

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      View image in fullscreenIn 1919, Jacob Israël de Haan, an Orthodox Jewish queer poet and lawyer, arrived in British Mandate Palestine from the Netherlands. Despite his initial sympathies with Zionism, within a few years de Haan would become an outspoken critic of the movement. Driven by what he called a “natural feeling for justice”, he advocated for “another Jewish community in Palestine” – one that sought cooperation with the Arab-Palestinian community. His steadfast opposition to mainstream Zionism made de Haan a controversial figure, drawing the ire of Zionist leadership. On 30 June 1924, de Haan was assassinated by a member of the Zionist organization Haganah.This political assassination represented not merely the elimination of one man, but a portentous statement about which perspectives would be tolerated in the emerging political landscape. A century later, we are witnessing a similar troubling pattern. As attacks against universities and intimidation of Palestinian activists become ever more rife, those who challenge Zionist orthodoxy – whether out of political conviction, religious belief or ethical principle – face exclusion, vilification and worse. This time, the main tool is a sweeping legal redefinition of antisemitism in American law and policy.Something unprecedented – and deeply unsettling – is unfolding: under the guise of a legal redefinition of antisemitism, the basic architecture of American public life is being radically transformed. What appears, at first glance, to be a technical change in terminology has become a powerful instrument for political control, solidifying executive power to enforce a narrow, state-sanctioned definition of Judaism. In the name of combating antisemitism, this effort threatens to reshape American public life – and with it, the pillars of American liberalism. But despite what some will have you believe, two things are clear: first, this campaign does not protect Jews – it endangers them; and second, this redefinition plays into a larger Christian nationalist project.The clash over the definition of antisemitismFollowing the horrendous Hamas attack of 7 October 2023, and the subsequent war and utter destruction of Gaza, two sharply contrasting positions have emerged. On the one hand, many Jewish organizations and advocates have seen the emerging pro-Palestinian protest movement as a manifestation of antisemitism, a classic example of the over-scrutinization of Israel, and the denial of Israel’s right to defend itself.On the other hand, many critics of Israel and of Zionism argue against this conflation and in favor of their right to support the Palestinian struggle. For them, labeling anti-Israel positions as antisemitic is a way to silence dissenting opinions and to prevent an honest discussion of Israel’s actions in Gaza.Even before this clash entered the mainstream in the last year and a half, American decision-makers and institutions had already taken a clear side, framing anti-Israel positions as antisemitic. A landmark moment in the emergence of this new understanding of antisemitism is no doubt the 2016 International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, which has rapidly become a legal benchmark for defining antisemitism in the US and has a growing presence in both state and federal law.
      The redefinition of antisemitism isn’t simply a policy shift – it’s part of a deeper transformation of American democracy
      While the core definition makes no explicit mention of Israel, the examples of purported antisemitism that IHRA provides tell a different story. Among the illustrative cases, it notes that antisemitism “might include the targeting of the state of Israel, conceived as a Jewish collectivity”. Other examples include “claiming that the existence of a state of Israel is a racist endeavor”, and “[d]rawing comparisons of contemporary Israeli policy to that of the Nazis”.Back in his first term, Donald Trump issued a 2019 executive order directing federal agencies to consider the IHRA definition when enforcing Title VI of the Civil Rights Act, which prohibits discrimination in federally funded programs, cementing this problematic standard. It has been formally adopted in multiple federal and state statutes, in which it is used to equate criticism of Israel or Zionism with antisemitism. These laws have been applied in a range of legal and policy contexts – restricting free speech, shaping civil rights protections and even influencing the classification of hate crimes in state criminal codes.Trump’s January 2025 executive order on “Additional Measures to Combat Antisemitism” marks a dangerous escalation in this trend. The order directs multiple federal agencies to “prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”.Just days after the order, the administration slashed $400m in federal research funding from Columbia University over what it claimed was a systemic tolerance of antisemitic activity and demanded changes to the school’s policies – a move widely seen as retaliation for pro-Palestinian campus activism, to which Columbia has consented in an extraordinary surrender of its academic freedom. Similar threats have followed against numerous additional universities. In a recent chilling development, the Department of Homeland Security arrested Mahmoud Khalil, a Palestinian permanent resident and student organizer whom the government is now seeking to deport, with more arrests promised. (Indeed, they have begun.) The redefinition of antisemitism isn’t simply a policy shift – it’s part of a deeper transformation of American democracy.We have never been secularNo doubt, proponents of the IHRA definition raise an important point. To understand why, we need to recognize something distinctive about Jewish identity: it has always been deeply political. Unlike modern Christianity, which developed alongside a strong liberal separation of church and state, Judaism has never drawn such a sharp line. Jewish identity has long resisted the tidy categories that liberal theory prefers – religious or secular, ethnic or political, private or public. From biblical times through the diaspora and into modernity, Jewish communities understood religious life not just as a set of spiritual beliefs but as the foundation of a political community. Jewish religious leadership traditionally held legal and political authority – issuing binding rulings on property, taxation, even criminal law. This isn’t a historical anomaly – it’s a defining feature of Jewish tradition. Zionism, despite the secular aspirations of many of its founders, built on this legacy by channeling the political dimension of Jewish identity into the framework of a modern nation-state.View image in fullscreenAccordingly, for many Jews, Israel is a crucial element of their Jewish identity. As Noah Feldman writes in To Be a Jew Today, for many American Jews, “Israel can function as the chosen focal point of their Jewish identity and connection. Caring about and supporting Israel can be constitutive of what makes them actively Jewish.” An attack on that element, a denial of its legitimacy, feels to many like an attack on who they are as Jews.But this does not necessarily cast anti-Israel opinions as antisemitic. When we criticize something important to someone’s identity, it doesn’t automatically mean we’re attacking their identity itself. When political positions become enshrined as essential components of personhood, substantive disagreements risk being recast as attacks on identity. The result, as the scholar Richard Ford once put it, is the potential to “camouflage” ideological conflict as discrimination.Take male circumcision – a ritual at the heart of Jewish tradition practiced by most Jewish families worldwide. When medical experts or rights advocates question circumcision based on concerns about bodily autonomy or health risks, most people understand they aren’t being antisemitic. No matter where they stand on circumcision, they recognize critics may be raising ethical questions that exist independently of Jewish identity. This same logic must apply to Israel. Criticizing Israeli policies may, for instance, reflect genuine concerns about human rights rather than prejudice against Jews, even as the criticism is directed at a defining feature of their Jewishness.The labeling of criticism against Israel as antisemitism has already worked to quash serious discussions on Israel-Palestine in the United States. Even Kenneth Stern, who drafted the original working definition, argued in an opinion piece for the Guardian that the IHRA definition has been weaponized against legitimate political expression.Silencing dissentFederal measures such as Trump’s 2019 executive order have fueled a wave of investigations by the Department of Education into universities over pro-Palestinian activism, pressuring administrators to police student speech. At NYU, political statements such as “Fuck Israel” have led to antisemitism charges against students. At Columbia, students faced disciplinary charges for acts as simple as hanging Palestinian flags from dorm windows or displaying them on campus statues, underscoring the growing constraints on Palestine-related activism in academic spaces. Relatedly, recently New York’s governor ordered Hunter College to remove a job posting for a Palestinian studies position, claiming the need to “ensure that antisemitic theories are not promoted in the classroom”. This interference with academic hiring marks a dangerous precedent.The pressure from federal and state authorities has led universities to internalize this surveillance logic. Last week, Columbia University unveiled an expansive compliance plan in response to the administration’s $400m funding cut, pledging stricter enforcement of student discipline, new security forces empowered to arrest demonstrators, mandatory identification checks at protests and a top-down review of academic programs, including scrutiny of hiring decisions and curricula. These measures reflect not only institutional capitulation, but the chilling normalization of ideological policing on campus.
      The new definition of antisemitism imposes a straitjacket of Zionist identity on American Jews
      A similar pattern extends to Congress, where lawmakers such as Rashida Tlaib have been formally censured with another censure effort against Ilhan Omar introduced over statements critical of Israel, in effect framing Palestinian advocacy as beyond the bounds of legitimate discourse. Meanwhile, many individuals have lost jobs, been denied opportunities, or faced disciplinary measures for expressing pro-Palestinian views or criticizing Israeli policy. This dynamic narrows the space for legitimate discussion on US foreign policy and the Israeli-Palestinian conflict. The charge of antisemitism shifts the focus from Israel’s actions to the credibility of its critics. While combating antisemitism is imperative, the sweeping application of this label to pro-Palestinian voices endangers dissenting voices and erodes free expression, making open debate on one of the world’s most enduring conflicts increasingly difficult.View image in fullscreenBut that’s not the only problem with the new definition of antisemitism. By legally enshrining support for Israel as a defining characteristic of Jewish identity, the new definition of antisemitism imposes a straitjacket of Zionist identity on American Jews, in effect telling them that certain political positions are incompatible with being authentically Jewish. But, precisely because Jewish identity has always also been political, we should not be delegitimizing those whose Jewish identity entails a criticism or even outright rejection of ethno-national Judaism.The historical diversity of Jewish identityJewish communities have always been diverse and plural in their orientations toward Jewish nationality. From the ultra-Orthodox Satmar community that opposes Zionism on religious grounds to the socialist Jewish Bund that promoted cultural autonomy without a state, to current-day Jewish American organizations that oppose Israel’s occupation and military control over Palestinians, anti-Zionist and non-Zionist movements have always been central to Jewish identity.Many anti-Zionist Jews aren’t rejecting Jewish political life or denying Jews the right to self-determination. Rather, they’re expressing different visions of Jewish political existence and self-determination. Some of them view opposition to the state of Israel as emerging from Jewish values and traditions – whether stemming from religious beliefs about exile and redemption, or interpretations of Jewish ethical traditions that emphasize universal justice and opposition to oppression.In his recent book The No State Solution: A Jewish Manifesto, the religion scholar Daniel Boyarin reflects on how he moved from Zionism into anti-Zionism, with “my commitment to Jewish identity and identification, Torah study, scholarship, practice, literature and liturgy, and modes of speech and thinking undiminished, even growing stronger and stronger”. Criticism of Israel can stem from deep Jewish religious commitment.The real question, then, isn’t what the proper connection between Israel and Jewish identity is, but rather how to allow for multiple, sometimes competing interpretations of this relationship. By bootstrapping the definition of antisemitism to Israel, IHRA narrows the boundaries of legitimate Jewish identity. While Palestinians have been, without a doubt, the primary targets of this effort, it also takes aim at a rich Jewish tradition. It restricts the freedom of Jews to define their own identity, limiting the ways in which Jewish beliefs, thought and activism can be expressed.And indeed, on college campuses and in workplaces, Jews who express solidarity with Palestinians report being called “self-hating Jews”, “un-Jews” or “traitors” by fellow students or colleagues. In fact, just this month, Trump – our self-appointed arbiter of religious authenticity – announced that the Senate minority leader, Chuck Schumer, is “not Jewish anymore”.Defining antisemitism in the service of conservative ChristiansSmearing progressive Jews as “not real Jews” has ramifications that extend far beyond the Jewish community, serving a conservative Christian strategy to exploit religious liberties for the sake of suppressing progressive values.In recent years the US supreme court has taken a sharp turn towards conservative Christianity, altering the basic liberal structure of American constitutionalism. The court has upheld religious claims challenging pandemic restrictions on gatherings and vaccination requirements, LGBTQ+ non-discrimination laws, and the separation of church and state in public education.This strengthens conservative Christian influence by transforming political views into constitutional protections – for example, when the supreme court ruled the constitution allowed a Catholic foster care agency to exclude same-sex couples on religious grounds. However, as David Schraub, a professor at Lewis & Clark Law School, has pointed out, this strategy faces a significant obstacle: progressive Jews. Progressive Jews, and any other group whose religious commitments might be threatened by conservative policies, could leverage the expansion of precisely these religious protections to opt out of conservative policy initiatives.
      This farcical performance of concern would merely be amusing were it not for the very real possibility that it serves as a prelude for persecution
      Progressive Jewish communities have already begun to challenge conservative policy agendas on religious freedom grounds – most notably around reproductive rights. In the wake of the Dobbs decision overturning Roe v Wade and the wave of state-level abortion bans that followed, Jewish women, congregations and community leaders have filed lawsuits asserting that such bans violate their religious freedom. In some cases, plaintiffs have argued that Jewish law not only permits but may even require abortion under certain circumstances. While many of these cases are still pending, in a landmark ruling in April 2024, the Indiana court of appeals recognized, for the first time, the legitimacy of such claims.One way conservatives can eliminate this risk to their project is by questioning liberal Jews’ Jewishness. “If liberal Jews can be erased – either pushed out of the public eye or denied as genuine or authentic specimens of Judaism – then the challenge of liberal Jews disappears with it,” Schraub explains.This isn’t just a theoretical concern – it’s already happening. Project Esther, a new initiative launched by the Christian nationalist Heritage Foundation known for Project 2025, offers a blueprint for combating antisemitism that targets not only pro-Palestinian groups but what it calls a broader “coalition of leftist, progressive organizations” – including Jewish groups – through tools such as anti-terrorism prosecutions, deportations, public firings, and efforts to “disrupt and degrade” dissenting movements. Despite its use of Jewish religious language, the plan has virtually no Jewish authors and is riddled with basic errors, including misrepresentations of Jewish texts. It chastises American Jews who don’t align with its worldview, calling them “complacent” and their positions “inexplicable”.This farcical performance of concern would merely be amusing were it not for the very real possibility that it serves as a prelude for persecution.Reclaiming Jewish religious freedom from the stateThe increasingly aggressive use of “antisemitism” as a political instrument was never about Jewish safety. It has always been about power: consolidating a political order that merges religion, nationalism and authoritarianism under the veneer of minority protection.The ease with which progressive Jews have been thrown under the bus makes this painfully clear. Their erasure is not a side effect – it is the mechanism through which this agenda advances. Because once Jewish identity is defined from above – even with the active participation of some Jews – any Jew who resists can be disqualified and delegitimized. This was true for de Haan, and it is true today.The threat is immediate and ongoing. Already, whole sectors of society – educators, students, artists, political activists and immigrants – are paying the price. And if this continues, we can expect the same logic to be applied across a wider range of policies: tightening ideological control, redefining constitutional norms and re-engineering public institutions in the image of an authoritarian state.But there is another path. The unique position of progressive Jews offers a way to push back against the rise of the far right in the US, both with regard to Israel-Palestine, but also more broadly. Recognizing the unique harm caused to Jews by the new definition of antisemitism allows us to develop new ways to combat it.The establishment clause of the US constitution, for instance, prohibits the state from intervening in religious disputes. By adopting the IHRA definition into law, the US government has in effect taken sides in an intra-Jewish debate, recruiting Zionist Jews to side in a war against its ideological opponents. The redefinition of antisemitism is therefore not only an attack on political dissent – it is an intrusion into Jewish religious life. By codifying support for Israel as a requirement for being Jewish, these laws function as a state intervention in an ongoing Jewish theological and ethical debate.By pushing against the legal redefinition of antisemitism, Jews can refuse to surrender their identity to the state. By continuing to anchor it firmly in their communities, they can resist the instrumentalization of Judaism against others.Reclaiming religious freedom from the state, as part of this act of resistance, would not just protect Jewish dissenters – it would offer a broader framework for resisting state attempts to control religious identity. No government – not the Israeli government, and surely not the American government – should have the power to define what it means to be a Jew.

      This article was amended on 23 March 2025 to clarify that Ilhan Omar was not formally censured by Congress

      Itamar Mann is an associate professor of law at the University of Haifa, and currently a Humboldt fellow at Humboldt University. He holds a doctorate from Yale Law School

      Lihi Yona is an associate professor of law and criminology at the University of Haifa. She holds a doctorate from Columbia Law School. Her research focuses on antidiscrimination law in the United States and Israel
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      Columbia University caves to demands to restore $400m from Trump administration

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      Columbia University has agreed to a series of changes demanded by the Trump administration as a pre-condition for restoring $400m in federal funding the government pulled this month amid allegations that the school tolerated antisemitism on campus.The university released a memo outlining its agreement with Donald Trump’s administration hours before an extended deadline set by the government was to expire.Columbia acquiesced to most of the administration’s demands in a memo that laid out measures including banning face masks on campus, empowering security officers to remove or arrest individuals, and taking control of the department that offers courses on the Middle East from its faculty.The Ivy League university’s response is being watched by other universities that the administration has sanctioned as it advances its policy objectives in areas ranging from campus protests to transgender sports and diversity initiatives.The administration has warned at least 60 other universities of possible action over alleged failure to comply with federal civil rights laws related to antisemitism. It has also targeted at least three law firms that the president says helped his political opponents or helped prosecute him unfairly.Among the most contentious of the nine demands, Columbia agreed to place its Middle Eastern, South Asian and African Studies department under a new official, the memo said, taking control away from its faculty.The university will appoint a new senior administrator to review curriculum and faculty to make sure they are balanced, and provide fresh leadership at the department, which offers courses on Middle Eastern politics and related subjects.The demand had raised alarm among professors at Columbia and elsewhere, who worried that permitting the federal government to dictate how a department is run would set a dangerous precedent.Republican lawmakers in the US House of Representatives last year criticized at least two professors of Palestinian descent working in the department for their comments about the war between Israel and Hamas in Gaza.The school has also hired three dozen special officers who have the power to arrest people on campus and has revised its anti-discrimination policies, including its authority to sanction campus organizations, the memo said.Face masks to conceal identities are no longer allowed, and any protesters must now identify themselves when asked, the memo said.The school also said it is searching for new faculty members to “ensure intellectual diversity”. Columbia plans to fill joint positions in the Institute for Israel and Jewish Studies and the international affairs school in an effort to ensure “excellence and fairness in Middle East studies”, the memo said. The sudden shutdown of millions of dollars in federal funding to Columbia University this month was already disrupting medical and scientific research at the school, researchers said. More

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      The US is poised to use terror laws against students. This could be worse than McCarthyism | Thomas Anthony Durkin and Bernard Harcourt

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      On Monday, the Department of Justice announced the launch of “Joint Task Force October 7 (JTF 10-7)”. In an accompanying press release, the DoJ said it would bring to justice Hamas leaders who murdered and kidnapped innocent civilians in the deadly attack on Israel of 7 October 2023. Few would quarrel with this ambition. In the same breath, however, the press release claimed that the taskforce would also “investigate acts of terrorism and civil rights violations by individuals and entities providing support and financing to Hamas, related Iran proxies, and their affiliates, as well as acts of antisemitism by these groups”.In plain English, this means the student protesters. It could also include universities and colleges that have entered the government’s crosshairs.The legal risks are real. They are perilous, and they are alarming. Where a designated Foreign Terrorist Organization (FTO) – such as Hamas, the Popular Front for the Liberation of Palestine, or related organizations such as the Samidoun Palestinian Prisoner Solidarity Network – is concerned, the line separating political advocacy from material support to terrorism can be razor thin, and any doubt tends to be resolved against those engaged in the political advocacy.FTOs are foreign organizations that the Bureau of Counterterrorism in the US state department designates as terrorist entities under section 219 of the Immigration and Nationality Act. Once such a designation is made, it becomes unlawful for a US person to knowingly provide that group with “material support or resources”. That phrase is defined broadly in the statute as “any property, tangible or intangible, or service”, which can include “expert advice or assistance”. An aggressive interpretation of “service” and “assistance” may easily break down what were seemingly secure boundaries of free speech.What most people might assume is first amendment-protected speech and advocacy can be misconstrued by the government as assistance or propaganda provided under the direction of an FTO, and thus criminally prosecuted under the material-support-to-terrorism statutes.This is not just a theoretical possibility. Protected speech is often used to show predisposition, motive or intent in material support prosecutions. Such prosecutions have led to serious federal anti-terrorism convictions that result in lengthy sentences. Typically, sentencing guidelines call for 20 years to life in prison. Actual sentences in double-digit years are not uncommon. Even though this questionable legal strategy has been used before, its use against student protesters would be unprecedented and alarming.Legal jeopardy for political advocacy has long existed in this country despite its storied embrace of the first amendment. But the justice department’s new taskforce and threatened antiterrorist prosecutions reach deeper into policing political dissent than anything seen since the McCarthy era. The consequences could be far more draconian than the usual campus risk of a misdemeanor civil-disobedience arrest or student discipline. The threat to the values of free speech and open debate on college campuses could hardly be more consequential.Already, a number of well-funded US lawyers who aggressively support Israel’s war in Gaza have identified ways to prosecute civil claims against student protesters. On behalf of 7 October 2023 victims, these lawyers have filed federal lawsuits in Virginia, Florida, and Illinois that use the material-support statutes to seek damages against several loosely affiliated student-activist organizations that oppose the war. Like the government’s use of these criminal statutes, the civil cases allege that the US student groups have been acting under the direction of Hamas or its affiliates since 7 October 2023, essentially to disseminate Hamas propaganda.The incriminating evidence turns on the dissemination of someone else’s ideas, often by making arguments and using expressions, or distributing flyers that can be traced back to an FTO. In the ongoing detention and deportation of former Columbia University student Mahmoud Khalil, a permanent resident, the government accuses him of leading activities “aligned to Hamas” and attending protests at which activists distributed flyers from “the Hamas media office”. More recently, the Department of Homeland Security detained, with the intention to deport, a Georgetown University academic who is an Indian citizen on a visa. The spokesperson for the DHS stated that he was “spreading Hamas propaganda and promoting antisemitism on social media”. That is precisely how the criminal investigations could proceed: by connecting free speech to propaganda under the direction or control of an FTO.Right now, the United States is allied with Israel, so the most vulnerable are those students protesting the way the state of Israel is conducting its war in Gaza. But that will not always be the case. As evidenced by Donald Trump’s 180-degree pivot against Ukraine and our closest European allies, the situation could change in a heartbeat.All social protest movements occur within larger political contexts. That is especially true of the protests surrounding the Israel-Gaza war, which are taking place not only within the context of an actual ground war in Gaza, but also within the context of larger geopolitical forces, including the ongoing “global war on terror” declared by George W Bush after September 11.In that larger “war on terror”, strategies and emergency powers that have been developed in the international arena have increasingly been deployed domestically and are now coming home to roost with a vengeance on our campuses. Counterinsurgency strategies with fewer constitutional protections for non-citizens abroad are now being repurposed at home.College students should not be forced to shrink from their political beliefs and free speech and advocacy for fear of punitive civil actions, let alone the fear of federal grand jury investigations and the criminal prosecutions threatened by the justice department taskforce. Students arrive at universities at a young age when many of them are passionate about human rights and justice – and rightly so. Some universities and colleges pride themselves on a celebrated history of student protest.It goes without saying that university presidents should be fighting against the assault on the first amendment. But by and large, they have abdicated this responsibility. They must now make it part of their mission to protect students in this new reality. They should not disavow international students who face immigration reprisals, nor take adversarial action against their students to protect only themselves. The least they can do now is work with and counsel their students to help them understand the new threats to their exercise of free speech and enable them to make informed choices and judgments.

      Thomas Anthony Durkin in one of the country’s leading national security lawyers and the co-director of the National Security & Civil Liberties Program at Loyola University Chicago School of Law.

      Bernard E Harcourt is the Isidor and Seville Sulzbacher professor of law at Columbia Law School and a leading death penalty lawyer. He is the author of The Counterrevolution: How Our Government Went to War Against Its Own Citizens More

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      I am a Palestinian political prisoner in Louisiana. I am being targeted for my activism | Mahmoud Khalil

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      My name is Mahmoud Khalil and I am a political prisoner. I am writing to you from a detention facility in Louisiana where I wake to cold mornings and spend long days bearing witness to the quiet injustices under way against a great many people precluded from the protections of the law.Who has the right to have rights? It is certainly not the humans crowded into the cells here. It isn’t the Senegalese man I met who has been deprived of his liberty for a year, his legal situation in limbo and his family an ocean away. It isn’t the 21-year-old detainee I met who stepped foot in this country at age nine, only to be deported without so much as a hearing.Justice escapes the contours of this nation’s immigration facilities.On March 8, I was taken by DHS [the Department of Homeland Security] agents who refused to provide a warrant, and accosted my wife and me as we returned from dinner. By now, the footage of that night has been made public. Before I knew what was happening, agents handcuffed and forced me into an unmarked car. At that moment, my only concern was for Noor’s safety. I had no idea if she would be taken too, since the agents had threatened to arrest her for not leaving my side. DHS would not tell me anything for hours – I did not know the cause of my arrest or if I was facing immediate deportation. At 26 Federal Plaza, I slept on the cold floor. In the early morning hours, agents transported me to another facility in Elizabeth, New Jersey. There, I slept on the ground and was refused a blanket despite my request.My arrest was a direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza, which resumed in full force Monday night. With January’s ceasefire now broken, parents in Gaza are once again cradling too-small shrouds, and families are forced to weigh starvation and displacement against bombs. It is our moral imperative to persist in the struggle for their complete freedom.I was born in a Palestinian refugee camp in Syria to a family which has been displaced from their land since the 1948 Nakba. I spent my youth in proximity to yet distant from my homeland. But being Palestinian is an experience that transcends borders. I see in my circumstances similarities to Israel’s use of administrative detention – imprisonment without trial or charge – to strip Palestinians of their rights. I think of our friend Omar Khatib, who was incarcerated without charge or trial by Israel as he returned home from travel. I think of Gaza hospital director and pediatrician Dr Hussam Abu Safiya, who was taken captive by the Israeli military on December 27 and remains in an Israeli torture camp today. For Palestinians, imprisonment without due process is commonplace.I have always believed that my duty is not only to liberate myself from the oppressor, but also to liberate my oppressors from their hatred and fear. My unjust detention is indicative of the anti-Palestinian racism that both the Biden and Trump administrations have demonstrated over the past 16 months as the US has continued to supply Israel with weapons to kill Palestinians and prevented international intervention. For decades, anti-Palestinian racism has driven efforts to expand US laws and practices that are used to violently repress Palestinians, Arab Americans, and other communities. That is precisely why I am being targeted.While I await legal decisions that hold the futures of my wife and child in the balance, those who enabled my targeting remain comfortably at Columbia University. Presidents [Minouche] Shafik, [Katrina] Armstrong, and Dean [Keren] Yarhi-Milo laid the groundwork for the US government to target me by arbitrarily disciplining pro-Palestinian students and allowing viral doxing campaigns – based on racism and disinformation – to go unchecked.Columbia targeted me for my activism, creating a new authoritarian disciplinary office to bypass due process and silence students criticizing Israel. Columbia surrendered to federal pressure by disclosing student records to Congress and yielding to the Trump administration’s latest threats. My arrest, the expulsion or suspension of at least 22 Columbia students – some stripped of their BA degrees just weeks before graduation – and the expulsion of SWC [Student Workers of Columbia] President Grant Miner on the eve of contract negotiations, are clear examples.If anything, my detention is a testament to the strength of the student movement in shifting public opinion toward Palestinian liberation. Students have long been at the forefront of change – leading the charge against the Vietnam war, standing on the frontlines of the civil rights movement, and driving the struggle against apartheid in South Africa. Today, too, even if the public has yet to fully grasp it, it is students who steer us toward truth and justice.The Trump administration is targeting me as part of a broader strategy to suppress dissent. Visa holders, green-card carriers, and citizens alike will all be targeted for their political beliefs. In the weeks ahead, students, advocates, and elected officials must unite to defend the right to protest for Palestine. At stake are not just our voices, but the fundamental civil liberties of all.Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child.

      This statement was originally published here More