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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

    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

    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

    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

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    The US government has sent Columbia University a ransom note | Sheldon Pollock

    On 15 March, Columbia University received what can only be described as the most dangerous letter in the history of higher education in America. The sender was the United States government. Like a ransom note, the government letter insists that Columbia comply with a list of Trump administration demands in order to even have a chance at recovering the $400m in federal funding for scientific research that the government canceled on 7 March.Oddly, one of the specific targets identified in the letter was Columbia’s Department of Middle Eastern, South Asian, and African Studies (Mesaas), a small humanities department devoted to studying the languages, cultures and history of those regions. The government demanded the Mesaas department be put into “receivership” – basically, be taken over by the University – as a precondition to further negotiations.The battle against the authoritarianism taking hold in Washington now appears to turn in part on the fate of Mesaas.Why Mesaas?The Trump campaign to destroy the independence of American higher education began when an obscure federal agency, the General Services Administration (GSA), in collaboration with the Departments of Health & Human Services and Education, coordinated the extraordinary move to rescind $400m in federal funding for scientific research at Columbia, since Columbia “has fundamentally failed to protect American students and faculty from antisemitic violence and harassment”.After threatening some 60 other universities with the same fate, on 13 March the government sent their ransom note to Columbia alone. Their conditions were to be met within seven days, and not in return for the release of the funds, but merely as “preconditions”. Further demands would then be presented for “formal negotiation” – which would not be an actual negotiation, because the GSA would continue to hold back the university’s money, like a mobster.The preconditions concern mainly the policing of student protest on campus. Their imposition likely violates both federal law and the US constitution, as Columbia law faculty have made clear. But in a startling and equally unlawful move the Government took another hostage in its letter: Mesaas. For a period of five years, Columbia must place the department in academic receivership. The university was given the same seven-day ultimatum by which to specify “a full plan, with date-certain deliverables” for enforcing the receivership.This is an unparalleled attempt to seize control over people and ideas in an American university. Universities do find it necessary sometimes to place an academic department in receivership, typically when the department’s self-governance breaks down. Normally the administration will appoint as chair a member of another department, for one academic year. Mesaas’s current self-governance is outstanding, and there have been no problems in all the years that that I chaired the department.For the United States government itself to intervene directly in faculty governance – specifying the extraordinary five-year period, and with “deliverables” on whose performance the future funding of the entire university might depend – is without precedent in the history of American higher education.Why has the government chosen to single out this department?The answer is clear: because its faculty have not voiced steadfast support for the state of Israel in their scholarship. The US government stands almost alone in the world in its unwavering ideological and financial support for the violence of the state of Israel against the people of Palestine. Most recently it has provided the consent, the justification and the arms for Israel’s destruction of Gaza. (Just this week, the destruction was relaunched, to condemnation from around the world but not from Washington, which alone gave its support.)In contrast, academic research by prominent scholars in the field of Middle Eastern studies, including those in Mesaas, has reflected deeply on the complexity of the situation and has long since questioned the versions of history and racial ideas fueling Israel’s actions. Mesaas professors ask hard but entirely legitimate questions about Israel – and our government wants to ban that.The Mesaas department played no role in organizing student protests for Gaza. But Washington has decided that in addition to dictating how a university should govern political protest, it should control how the University governs academic research –intensifying a broad attack on research on the Middle East across US universities.With its demands to essentially seize control of Mesaas, the federal government is undermining two fundamental principles of the American university: the right of academic departments to self-government and the freedom of members of the faculty to express their views, without fear, both as authorities in their fields of inquiry and as private individuals.Columbia is required to decide by Thursday 20 March how to respond to this ransom note, with the government threatening to cut off two of the university’s fingers: academic freedom and faculty governance. If the Columbia administration capitulates, it will mark the beginning of its own destruction and that of the American university as such – precisely what the American Enterprise Institute, which supplied the template for the note, has called for.The courts have so far paused more than 40 of the administration’s initiatives, though it remains unclear if the mob boss will obey. So long as we do have a functional judicial system, however, Columbia’s answer to Trump can only be: see you in court.

    Sheldon Pollock FBA is the Arvind Raghunathan professor emeritus of South Asian studies at Columbia University and former chair of the Mesaas department. He currently has no role in department or university administration and writes only in a personal capacity. More

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    There can be no ‘Israel exception’ for free speech | Kenneth Roth

    The Trump administration’s threatened deportation of Mahmoud Khalil seems to reflect a dangerous disregard for freedom of expression – a blatant example of official censorship to curb criticism of Israel.Khalil was a recent graduate of Columbia University’s School of International and Public Affairs. He holds a green card, giving him permanent residence status, and is married to a US citizen. They are expecting their first child soon. Immigration agents arrested him last week in his university housing and sent him for detention from New York City to Louisiana. He had been a leader of protests against Israeli war crimes in Gaza.Beyond that, the facts are contested. His friends called him “kind, expressive and gentle”. A Columbia professor described him as “someone who seeks mediated resolutions through speech and dialogue. This is not someone who engages in violence, or gets people riled up to do dangerous things.”But Donald Trump, hailing his arrest, suggested Khalil was among students “who have engaged in pro-terrorist, anti-Semitic, anti-American activity”. The administration has presented no facts to back up these assertions, but even were it to do so, the suggestion that permissible speech can be a basis for deportation is deeply troubling. Trump vowed more such deportation efforts.Ordinarily, the first amendment protects even offensive speech. Although the government retains greater latitude to deport non-citizens, Trump’s rhetoric suggests an intention to step way over the line of propriety. What does it mean to be “anti-American”? As we saw during the McCarthy era, people can face that accusation for a wide range of legitimate political views. Such campaigns are the antithesis of the free debate that is essential for US democracy.As for the charge of “antisemitism”, Trump seems to be fueling a disturbing tendency to use claims of antisemitism to silence criticism of the Israeli government. Antisemitism is a serious problem that threatens Jews around the world. But if people see accusations of antisemitism as mere efforts to censor critics of Israel, it would cheapen the concept at a time when the defense against real antisemitism is urgently needed.Even Trump’s unsupported suggestion that Khalil is “pro-terrorist” needs unpacking. To begin with, opposing Israel’s indiscriminate and disproportionate attacks on Palestinian civilians, as well as its starvation of them, does not make anyone pro-terrorist. Israel is required to carry out its military response to Hamas’s appalling murders and abductions of 7 October 2023 in accordance with international humanitarian law. War crimes by one side never support war crimes by the other. Pointing that out, if that’s what Khalil did, does not make him “pro-terrorist”; it makes him pro-civilian.The Trump administration’s retaliation against Khalil is part of its larger attack on campus protests against Israeli war crimes in Gaza. Just days earlier, the administration announced the withdrawal of $400m in federal funding from Columbia for supposedly failing to protect Jewish students and faculty during anti-Israel protests, the vast majority of which were entirely peaceful. Other universities have now been threatened with a similar suspension of their funding.Coincidentally, I spoke on the Columbia campus days before Khalil’s detention. As a Jew, I did not feel the least bit threatened. Indeed, many of the protesters against Israeli atrocities have been Jewish. Again, Trump’s pretext for censoring critics of Israel is transparently thin.If we tolerate an Israel exception to our rights of free speech, we can be sure that other exceptions will follow. Trump likes to half-jokingly refer to himself as a “king”. Are we heading toward a Thailand-style lèse majesté under which criticism of the king is criminalized?But censoring criticism of Israel is a poor strategy even for protecting Israel. Trump’s plan to “solve” Israel’s Palestinian problem by forcibly deporting millions of Palestinians would be a huge war crime; it has been rightly rejected by the Arab states that Trump envisioned receiving the refugees or later paying to rebuild Gaza.skip past newsletter promotionafter newsletter promotionFailing that plan, the Israeli government would prefer the status quo – endless occupation – but the world increasingly rejects that option as apartheid, as did the international court of justice in July. Another option would be to recognize the “one-state reality” created by Israel’s illegal settlements in the occupied West Bank and East Jerusalem, but the Israeli government refuses to provide equal rights to all residents. Roughly the same number of Jews and Arabs like between the Mediterranean Sea and the Jordan River, so Israel would lose its Jewish majority.The most realistic, legal and enduring option remains a two-state solution, an Israeli and Palestinian state living side by side in peace. The Israeli prime minister, Benjamin Netanyahu, has devoted his political career to avoiding a Palestinian state, but it is the best prospect for lasting peace.In pressing Netanyahu to agree to the current temporary ceasefire in Gaza, Trump showed his capacity to exert pressure on the Israeli government to take steps toward peace that it resists. He could do the same for a two-state solution.But to build a political support for this important step, we need free debate in the United States. Trump’s efforts to censor criticism of Israeli misconduct is a recipe for endless war and atrocities. Free speech is required if we hope to do better. Trump should reverse his misguided effort to deport Khalil.

    Kenneth Roth, the former executive director of Human Rights Watch (1993-2022), is a visiting professor at Princeton’s School of Public and International Affairs. His book Righting Wrongs was just published by Knopf More

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    The ADL and the Heritage Foundation are helping to silence dissent in America | Ahmed Moor

    The repression that began under the Biden administration has accelerated under Trump. Mahmoud Khalil’s detention by federal agents – reportedly Immigration and Customs Enforcement officers – despite his legal, permanent resident status will probably have its intended effect. People will speak up less; their fear of the irreversible harm meted out by a vengeful state is justified. Now we are all left to contend with the wreckage of the first amendment to the US constitution, which used to guarantee the right to speech in this country.Responsibility for the erosion of our rights is attributable – in part – to the bipartisan embrace of the non-governmental, non-profit sector. That’s because from the 1940s onward, the federal government has ceded much state authority to philanthropies and non-profits. Those groups, in turn, have acted to craft policy – everything from how to develop equitable housing or the benefits of inoculating children to ensuring that speech targeting Israel is punishable by law.The tax code ensures that we subsidize special interest groups, such as the Israel lobby, even as it skirts the ordinary mechanisms of democratic policymaking and accountability. Today, the Anti-Defamation League (ADL), a rightwing Israel advocacy group, has taken the lead in seeking to undermine bedrock American freedoms in support of Israel. The Heritage Foundation’s Project Esther roadmap explicitly describes its goal of having “foreign [‘Hamas Support Network’] leaders and members deported from the US”.It should be said here that “Hamas Support Network” is a made-up, strangely emotional and overwrought phrase used by the Heritage Foundation to describe college students who oppose Israel’s genocide in Palestine.In her essay How Philanthropy Made and Unmade American Liberalism, Lila Corwin Berman, a professor of American Jewish history at New York University, argues that the rise of the philanthropic apparatus in America, defined broadly as tax-exempt, non-governmental organizations (NGOs), presented special interests with the means to exercise power in an unregulated, nontransparent way.Starting in the early 20th century, when the federal income tax was codified into law, special effort was made to exempt “public-benefit associations” from taxation. The argument was that they acted in the public good while simultaneously representing the best of capitalist success, a core tenet of American liberalism.There was a practical component to the argument, too. Philanthropies could act as policy labs – in the 1930s, the Carnegie Foundation could support educational programs away from the public. If policies were successful, they could be implemented across a broader swathe of society. For their utility, NGOs and philanthropies received tax-exempt status. Yet, as Corwin Berman said, “any time there’s a tax exemption, it’s a tax expenditure, but it’s an expenditure which avoids public scrutiny”. When Nixon restructured USAid through the Foreign Assistance Act in 1973, it was in part to obscure government efforts “that doubled as global capitalist and neocolonial ventures” – all without democratic oversight or public participation.Early opposition to private policymaking for the “public good” came from anti-elite quarters and from the right. In the 1960s, Wright Patman, a populist Democratic representative from Texas, kicked off a series of investigations designed to curtail the power of what’s sometimes called the “submerged state”.But in the 80s and 90s, the right began to co-opt non-governmental frameworks. The Heritage Foundation and others learned how to leverage “philanthropy as a tool and a cudgel”, as Berman said to me. Today, non-profits work across a broad range of policy issues both domestically and abroad. Many of the groups that have engineered the bipartisan consensus on the suppression of speech that is critical of Israel are non-profits. They obtain tax-exempt status and simultaneously craft policy, and they do so on behalf of Democrats and Republicans, away from public scrutiny.The ADL, which controls total net assets of 200m tax-free dollars, in particular lobbied for policy responses to student activism in both the Biden and Trump administrations. In 2022, the ADL – which regularly conflates antisemitism with criticism of Israel – commended the Biden administration for developing a “national strategy to combat antisemitism”.The statement went on to take credit for the policy: “This is one of the steps that we have long advocated for as part of a holistic approach to address the antisemitism that has been increasingly normalized in society.”After Khalil’s detention, the ADL, whose leader, Jonathan Greenblatt, was paid more than $1.2m in 2022, issued a statement on X that reads in part: “We appreciate the Trump Administration’s broad, bold set of efforts to counter campus antisemitism.”There is an irony in all this. The right is now on a mission to defund universities, a process which started with angry pro-Israel billionaires on X. It seems reasonable to expect the IRS to be weaponized to revoke the tax-exempt status of philanthropies and other elite institutions deemed to be sympathetic to the Democratic party’s agenda.Khalil’s detention – a shocking assault by the Israel lobby on American freedom – is not the first time that constitutional rights in this country have been assailed by a president. Abraham Lincoln famously suspended habeas corpus during the civil war, this country’s first major constitutional crisis. But this may be the first time that a dramatic erosion in Americans’ constitutional liberties has been engineered by policymaking organizations that are subsidized by the public but are accountable to no one at all.

    Ahmed Moor is a writer and fellow at the Foundation for Middle East Peace. He is a plaintiff in a lawsuit that charges the US state department with circumventing the law to fund Israeli military units accused of human rights abuses More