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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

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

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      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

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      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

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      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

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      Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine

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      On Saturday night, agents of the Department of Homeland Security arrested and detained the Columbia University graduate Mahmoud Khalil. He is still in Ice custody in a remote Louisiana lockup known for extreme human rights violations, from denial of food and water to medical “care” verging on torture.Khalil, a Palestinian Syrian, emerged as a leader in Columbia’s Gaza solidarity encampment last year and a level-headed negotiator with university officials on behalf of the student protesters. Married to a US citizen, he holds a green card. Neither his American wife, who is eight months pregnant, nor his lawyers were warned of the arrest or told where he would be held.The importance of Khalil’s arrest cannot be overstated. The state entered the home of a legal US resident, seized and imprisoned him and are now trying to deport him on criminal charges of abetting terrorism – for exercising his constitutional right to free speech.This is not the first time in American history that immigrants have been deported or US citizens persecuted for nonviolent political expression deemed dangerous by the government. But it is the first such arrest by an authoritarian regime determined to eliminate its perceived enemies. It will not be the last.Khalil’s ordeal should come as no surprise. The Trump administration announced recently it would revoke the student visas and green cards of “Hamas sympathizers” – AKA supporters of Palestinian liberation.But Trump has long prepared for this moment. As one of his first acts as president in January 2017, he realized his campaign promise to impose “a total and complete shutdown of Muslims entering the United States” in a series of executive orders banning entrance of travelers from seven predominantly Muslim countries and suspending the resettlement of Syrian refugees. The first two orders, both called “Protecting the Nation from Foreign Terrorist Entry into the United States”, were struck down as unconstitutional; a third revision passed muster.At the same time, rightwing supporters of Israel were working to equate criticism of Israel with antisemitism. And since criticism of Israel is equated with sympathy with its enemies, and Israel’s enemies are blanketly tarred as terrorists, antisemitism could also be elided with terrorism.In 2018, a bipartisan Antisemitism Awareness Act (AAA) was introduced in the House with 51 co-sponsors. Its purpose: to adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism in enforcing Title VI of the 1964 Civil Rights Act, which prohibits discrimination by institutions receiving federal funding. The bill referred to the IHRA’s “contemporary examples of antisemitism” as potentially useful evidence of discriminatory intent. But it did not spell out its most politically useful example of antisemitism: that is, criticism of Israel.The AAA was not signed into law, but in December 2019 the White House issued Executive Order 13899, “Combating Anti-Semitism”, to carry it out. Looking back, the document looks almost cautious. As Congress did in its bill, the White House added a caveat: “Agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.”The 2019 order was a premonition; it didn’t see much use. Anyway, with his characterization of the Nazis marching it Charlottesville as “very fine people” fresh in mind, the president had little credibility with Jews. But now Trump is taking action. One of the executive orders to come off his desk just hours after inauguration was “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”. The order both elaborates on the Muslim ban and defines the threats more vaguely – thus, more easily attacked.The US must institute “vigilant” vetting of visa applicants, the document says, as well as “aliens” already legally in the country, to ensure that they “do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security”. The order also seeks to protect the US against foreigners “who preach . . . sectarian violence [or] the overthrow or replacement of the culture on which our constitutional Republic stands”. Aside from material support for terrorists, the rest is constitutionally protected speech.At the end of the month came “Additional Measures to Combat Antisemitism” expanding EO 13899 in light of “an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence” since the Hamas-led attacks of 7 October 2023. Homing in on schools and colleges, it instructs authorities to use “all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”. Again, harassment and violence are not defined. And this time there is no mention of the first amendment.The president’s orders on antisemitism, like most of his orders, were also presaged by a plan from the Heritage Foundation: Project Esther, published on the first anniversary of 7 October, aims to vanquish the “virulently anti-Israel, anti-Zionist, and anti-American ‘pro-Palestinian movement’” it calls the “Hamas Support Network”. The so-called “Hamas Support Network” is not only “trying to compel the US government to abandon” Israel; it is bent on no less than “the destruction of capitalism and democracy”.The detailed strategy touts a list of 856 professors at more than 240 universities in the US and Canada who have “openly advocated or supported up to 63 different HSOs [Hamas Support Organizations]”; it indicts, by name, the progressive lawmakers (some of them Jews) who belong to an “active cabal of Jew-haters, Israel-haters, and America-haters in Washington”. It itemizes the myriad “Hamas Support Organizations” from which it would wrest first amendment protection, including Jewish Voice for Peace.skip past newsletter promotionafter newsletter promotionProject Esther’s methods are classically McCarthyist: “We must conduct legal, private research and investigation to uncover criminal wrongdoing. We must conduct audits, both academic and financial. We must conduct information campaigns that are designed to illuminate and expose – ‘name and shame’ – to undermine HSN and HSO members’ credibility.” The president’s cabinet can’t wait to start.We have been here long before Trump. The Alien Enemies Act of 1798, passed by a Congress fearful that noncitizens would take the enemy’s side in a war against the French, allowed the president to deport those deemed dangerous. The accompanying Sedition Act criminalized the publication – or utterance – of “any false, scandalous, and malicious writing” against the government.The Alien Registration Act (or Smith Act) of 1940 imposed sentences of up to 20 years for advocacy – as defined by the state – of the violent overthrow of the US government. It also required noncitizens – presumed proponents of violent overthrow – to register with the government. During the second world war, more than 5 million immigrants registered; 900,000 of them were deported as “enemy aliens”.Unless it is repealed, no law is dead. During the cold war, the FBI deployed a 1918 immigration law to imprison and deport foreign-born anarchists, communists, union organizers and pacifists. In his last days as Senate majority leader, Chuck Schumer, weakly flogged the Antisemitism Awareness Act, again without success. In February, when the homeland security secretary, Kristi Noem, announced that the agency would require immigrants to register so it could “track … and compel them to leave the country voluntarily”, she invoked the Immigration and Nationality Act of 1952. In his inaugural address, Trump vowed to revive the Alien Enemies Act of 1798. This week, he reinstated the Muslim ban.To be clear, the Trump administration is not interested in combating antisemitism.Elon Musk does Nazi salutes. The Pentagon’s new deputy press secretary, Kingsley Wilson, is accused of spreading antisemitic conspiracy theories. The health and human services secretary, Robert F Kennedy Jr, has claimed that Covid-19 was “ethnically targeted” to spare Ashkenazi Jews and Chinese people. The FBI has announced it will relax investigation of neo-Nazi terrorist cells, which have been regrouping since the president’s pardon of the January 6 insurrectionists, to focus on the surveillance of leftwing organizations including Black Lives Matter and the imaginary formation it calls Antifa.Antisemitism is the pretext for Trump’s interlocking multi-front wars on the first amendment, immigrants and higher education. Khalil is a well-known figure with good lawyers. He will hopefully be released. But his arrest is the opening act in a theatre of deportation that will become more and more real and real for unnumbered others who will disappear without petitions, support committees or press coverage.

      Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books More

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      Mahmoud Khalil’s treatment should not happen in a democracy | Moustafa Bayoumi

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      Forced disappearance, kidnapping, political imprisonment – take your pick. These terms all describe what has happened with the Trump administration’s first arrest for thought crimes, something that should never happen in a democracy.But it has, to Mahmoud Khalil, a recently graduated master’s student from Columbia University’s school of international and public affairs. And for each minute that Khalil is held in detention, every one of us should feel like our own individual rights in this country are being shredded. The arrest of Mahmoud Khalil is a barefaced attempt by the Trump administration to destroy free thinking while murdering due process and free speech along the way. This is an ominous development.On the evening of Saturday 8 March, Khalil, who is a lawful permanent resident of the US (a green card holder), and his US-citizen wife, who is eight months pregnant, were returning home to their Columbia University apartment in upper Manhattan. According to reports, the couple had just unlocked the door to the building when plainclothes agents from the Department of Homeland Security pushed their way in like thugs and demanded Khalil surrender himself for arrest.The lead agent told Khalil’s lawyer, whom Khalil had immediately called, that his student visa was being revoked. But Khalil doesn’t have a student visa for the very simple reason that he is a lawful permanent resident! Apparently confused, the agent next responded that Khalil’s green card was being revoked – which, by US law, cannot be done without a lot of due process. When pressed by Khalil’s lawyer to show a warrant for arrest, the agent simply hung up on the lawyer, shoved Khalil into handcuffs, and carted him away. As of this writing, Khalil is in a detention facility in Louisiana.Let’s be clear. If you grew up in Egypt or Nicaragua or Russia, you would recognize this behavior. If you have read the work of Milan Kundera or Ariel Dorfman or Breyten Breytenbach, you will recognize this behavior. This is how the authoritarian regimes always operate, seeking to demonize their critics and neutralize their opposition by lies, exaggerations and the blunt force of state power. This despicable and dangerous conduct has now come to the land of the free and the home of the brave as official policy.The Trump administration doesn’t even bother to disguise the ideological assault that characterizes Khalil’s arrest. Khalil was an active member of Columbia University’s protests against Israel’s war on Gaza, a war that has been characterized as a genocide by Israel by experts and multiple human rights organizations around the world. Khalil also served as a negotiator between the university administration and student activists who had set up an encampment on campus.It was in that role that Khalil’s profile grew, particularly among extreme rightwing organizations supporting Israel that began sending lists of students to the Trump administration who, they said, should be deported from the US because of their views. This blatant attempt to shut down free speech picked up after Donald Trump issued two executive orders in late January that called for deporting “perpetrators of unlawful anti-Semitic harassment”. (It shouldn’t be lost on anyone that the Trump administration is actively canceling every form of protection for other minority populations, while appearing deeply concerned about antisemitism, as it also tacitly supports antisemitic behavior.)Khalil had already suffered so much harassment by these pro-Israel groups that the day before his arrest, he wrote to the interim president of Columbia University, telling her that he was afraid that government officials or private actors would target him or his family, urging her to provide him legal support and protection. After his arrest, the official White House account on X issued a post that said: “Shalom, Mahmoud,” using a Hebrew word that can mean goodbye. Haha. Whoever wrote the post must think this very clever. But in a court of law, the post will only buttress the argument that Trump is on a rampage to shut down any types of speech he doesn’t like.Exactly which crime has Mahmoud Khalil committed? Which activities has he engaged in to warrant arrest and deportation? The best the Department of Homeland Security can come up with are the same flimsy innuendo that we hear over and over again. Any show of concern for Palestinians is, presto, turned into “activities aligned to Hamas”.That “aligned to Hamas” is not a legal standard is hardly surprising. It comes after all from the Trump administration, which operates almost definitionally as the opposite of a legal standard. Expecting something reasonable from this administration is like eating a razor-blade sandwich and thinking you won’t come out all bloodied, which is of course why the Trump administration is repeatedly offering you such aromatic and enticing fresh bread.I expect as much from Trump, but I demand more from Columbia University, my own alma mater. After Trump withdrew some $400m of federal funding over an unproven and completely ideologically driven allegation that Columbia was a hotbed of antisemitism, the interim president didn’t bother to defend her institution. Instead, she immediately sent us Columbia affiliates an email to “assure the entire Columbia community that we are committed to working with the federal government to address their legitimate concerns”. I’m educated enough to know that the word “appeasement” has a specific history. I also know that cowards run away from Palestine, even if they too will be the ones who suffer in the end.I also demand more from my local officials. This federal assault on protected speech from a New Yorker should raise huge alarms from the mayor of New York, but all we’ve heard from Eric Adams thus far is … well, what sound would crickets make if they were flying business class on Turkish Airlines? If it’s any sound at all, I imagine the jet engine hums louder than the lack of objection he’s made. His silence is matched only by Andrew Cuomo, Adams’s new competition for the next New York mayoral race. Together, they might have enough courage to lose a game of chicken to the lion in the Wizard of Oz.But mostly, I demand a whole lot more from the Democratic party. Where is Hakeem Jeffries? Where is Chuck Schumer? They seem to believe the best way to defend free speech in this country is not to speak at all. Irrelevance has never been so recognizable.Democracy has always been a fragile, improvised, teetering wall of bricks that extends high in the air. It takes a lot of people to support it, but it gives quickly when faced with pressure from the other side. The thing is, even if you’re not supporting it, you’ll still get crushed when the wall falls. Too many people seem ready to be crushed. That’s only the tiniest reason to support Mahmoud Khalil. We all need to rush to the wall and do what we can to free him from his unjust imprisonment. For him and also for us. Because, you know what? He won’t be the last.

      Moustafa Bayoumi is a Guardian US columnist More