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      Former Harvard president urges people to ‘speak out’ against threats to US democracy

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      A recent former president of Harvard University urged people to “speak out” in defense of “foundational threats” to values such as freedom, autonomy and democracy in the US, as those whose deaths for such causes in war were being honored on Memorial Day.Drew Gilpin Faust, the first female president of Harvard, also warned on Monday of US constitutional checks and the rule of law being “at risk” under the current administration, even as Donald Trump issued a fresh threat against the elite university as it seeks to repel his assaults on its independence and funding.“We are being asked not to charge into … artillery fire but only to speak up and to stand up in the face of foundational threats to the principles for which [the US civil war dead] gave the last full measure of devotion. We have been entrusted with their legacy. Can we trust ourselves to uphold it?” Faust wrote in a guest opinion essay for the New York Times.She highlighted, in particular, the principles fought and died for by Union soldiers in the US civil war and the roles played by assassinated US president Abraham Lincoln and Frederick Douglass, the abolitionist and leading Black civil rights leader of the 19th century.“We must honor these men,” she wrote.Faust, who led Harvard between 2007 and 2018 and still teaches there, did not mention the US president by name but she referred to his position and made a direct link between the civil war and now.Noting that about 2.7 million men, mostly volunteers, in 1861-1865 “took up arms to preserve the Union as a beacon of democracy at a time when representative government seemed to be fading from the earth”, she went on to warn: “Today democracy is once again under worldwide threat, assailed as disorderly and inefficient by autocratic leaders from Budapest to Moscow to Beijing, leaders our own president openly admires.”View image in fullscreenFaust said that Lincoln regarded the Confederacy’s split from the Union, when southern states seceded in order to defend slavery and evade federal government intervention, as a “direct assault” on government by the majority “held in restraint” by constitutional checks.“Those structured checks and the rule of law that embodies and enacts them are once again at risk as we confront the subservience of Congress, the defiance of judicial mandates and the arrogation of presidential power in a deluge of unlawful executive orders,” she wrote in her essay.Critics of Trump lament congressional Republicans’ acquiescence to the president’s expansions of his authority and challenges to constitutional constraints, Democrats’ lackluster resistance, and the administration’s defiance of court orders over various anti-immigration extremes and partisan firings of federal officials and watchdogs without cause.Meanwhile, Trump has repeatedly accused Harvard of antisemitism and bias against Jewish students and attacked its efforts towards greater diversity on campus, and the administration has further demanded cooperation with federal immigration authorities, while harnessing federal powers to try to punish the university.Last Friday, Harvard sued prominent government departments and cabinet secretaries for what it said was a “blatant violation” of the US constitution when the Trump administration announced it would revoke federal permission for the Cambridge, Massachusetts-based institution to enroll international students. A federal judge issued an injunction within hours, temporarily blocking such a ban.skip past newsletter promotionafter newsletter promotionHarvard had previously sued in April over what it said was Trump’s attempt to “gain control of academic decision-making” at the university and the administration’s threat to review about $9bn in federal funding.On Monday, Trump posted on his social media platform: “I am considering taking Three Billion Dollars of Grant Money away from a very antisemitic Harvard, and giving it to TRADE SCHOOLS all across our land,” adding: “What a great investment that would be for the USA.”By Monday afternoon the president had not followed up with action or further explanation or statements.Harvard’s current president, Alan Garber, who is Jewish, has called the Trump demands “illegal” and said the administration was trying “to control whom we hire and what we teach”.Faust, a historian and research professor at Harvard, who was also its first president to have been raised in the US south, concluded her essay by acknowledging that those who fought in the US civil war did, in fact, save the nation and subsequently gave opportunities to the generations that followed.“They were impelled to risk all by a sense of obligation to the future,” she wrote, adding that “we possess a reciprocal obligation to the past” and that “we must not squander what they bequeathed to us”. More

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      Trump administration mulling end to legal right to challenge one’s detention

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      The Trump administration is considering suspending the writ of habeas corpus, the legal right to challenge one’s detention, Stephen Miller, a top White House adviser, said on Friday.“The constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion. So that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not,” Miller said to a group of reporters at the White House.The US constitution says: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The writ of habeas corpus has only been suspended four times in US history, most notably by Abraham Lincoln during the civil war. It was also suspended during efforts to fight the Ku Klux Klan in the 19th century in South Carolina, in the Philippines in 1905 and after Pearl Harbor.Suspending habeas corpus would be an extremely aggressive move that would dramatically escalate the Trump administration’s efforts to attack the rule of law in American courts as it tries to deport people without giving them a chance to challenge the basis of their removals.Miller, long known for his far-right positions on immigration, has sought to deploy a maximalist approach in carrying out mass deportations. The US government has already produced little evidence to justify immigrant deportations and in some cases has sought to remove students in the United States legally for expressing their views, specifically support for Palestinians.Many of the immigrants that the Trump administration has moved aggressively to deport – including Mahmoud Khalil and Rümeysa Öztürk – have filed habeas petitions challenging efforts to deport them.The administration has already attempted to deport people without due process by invoking the Alien Enemies Act, an 18th-century law that allows the president to do so in a time of war.The Trump administration has justified its actions by arguing that the US is under “invasion” by Tren de Aragua, a Venezuelan gang. Multiple judges have rejected the idea that the United States is under invasion and tried to halt the removals.But, while courts have tried to stop the administration’s efforts to unlawfully deport people, Trump has attacked judges for ruling against him and in some cases openly defied the courts. More

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      ‘What is left of our democracy?’: freed Palestinian human rights advocate warns of US authoritarian rule

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      Mohsen Mahdawi, the Palestinian green-card holder and Columbia University student freed on Wednesday after more than two weeks in immigration detention, has issued a stark warning about the US’s descent into authoritarianism.“Once the repression of dissent, in the name of security, becomes a key objective of a government, authoritarian rule and even martial law are not far off. When they look at my case, all Americans should ask themselves: what is left of our democracy, and who will be targeted next?” said Mahddawi in an op-ed for the New York Times.Mahdawi, a Palestinian human rights advocate based in Vermont, was detained and ordered deported by the Trump administration on 14 April despite not being prosecuted of any crime – and without due process. The philosophy student was arrested by masked Ice agents in Colchester, Vermont, during what should have been his citizenship naturalization interview.He is among a growing number of international students who have been ordered deported for their Palestinian rights advocacy by the Trump administration, which is using an obscure law to accuse these individuals of posing a threat to US foreign policy interests. Unlike the others, Mahdawi avoided being sent to a Louisiana detention facility after the Ice agents narrowly missed the flight, allowing his attorneys to challenge the deportation order in Vermont.“Despite spending 16 nights in a jail cell, I never lost hope in the inevitability of justice and the principles of democracy. I wanted to become a citizen of this country because I believe in the principles that it enshrines,” writes Mahdawi.“The American government accuses me of undermining US foreign policy, a patently absurd pretext for deportation for political speech that the Trump administration dislikes. The government is scraping the bottom of the barrel in its attempts to smear me. My only ‘crime’ is refusing to accept the slaughter of Palestinians, opposing war and promoting peace. I have simply insisted that international law must be respected. I believe the way to a just and long-lasting peace for Palestinians and Israelis is through diplomacy and restorative justice.”Mahdawi was born and raised in a refugee camp in the occupied West Bank, where as a child he bore witness to the death of his brother after he was denied access to medical care, and the detention and imprisonment of multiple close relatives including his grandfather and father by Israeli forces.Moving to the US in 2014 was his first experience of freedom, he said.“Ultimately, I sought American citizenship not only because I did not want to lose the freedom I enjoyed as a permanent resident but even more so because I believe in the principles and values of democracy, which this country stipulates in its founding documents,” he wrote in the Times.“These very freedoms are under attack today, both for me and for others like me. The Trump administration is hewing to Israel’s playbook: Under the thinly veiled guise of security, rights are being denied and due process eliminated.skip past newsletter promotionafter newsletter promotion“By seeking to deport me, the Trump administration is sending a clear message: There is no room for dissent, free speech be damned. It seems willing to shield an extremist Israeli government from criticism at the expense of constitutional rights, all while suppressing the possibility of a peaceful future for both Palestinians and Israelis, a future free of trauma and fear.”Israel’s war on Gaza since the 7 October 2023 Hamas attack has killed at least 52,000 Palestinians, mostly women and children, according to Palestinian health authorities. Thousands more people are missing and feared dead, while tens of thousands have suffered injuries and preventable diseases including acute malnutrition.In the ruling ordering Mahdawi’s release on bail on Wednesday, Judge Geoffrey W Crawford wrote: “Legal residents not charged with crimes or misconduct are being arrested and threatened with deportation for stating their views on the political issues of the day.” He likened the Trump administration’s crackdown on students and free speech to the red scare and the McCarthy era.Upon his release, Mahdawi told supporters and the media: “I am saying it clear and loud. To President Trump and his cabinet: I am not afraid of you.” More

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      The case against Mahmoud Khalil is meant to silence American dissent | Moustafa Bayoumi

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      On Friday afternoon, a federal immigration judge in Louisiana ruled that Mahmoud Khalil, the lawful permanent resident who was arrested last month for his advocacy for Palestinian rights at Columbia University, was removable – that is to say, deportable – under the law.Let’s be absolutely clear about how outrageous this decision is. The judge, Jamee Comans, had given the Trump administration a deadline to produce the evidence required to show that Khalil should be deported. In a functional state, such evidence would rise to a standard of extreme criminality necessitating deportation.But not in this case and certainly not with the Trump administration, which has summarily deported hundreds of Venezuelan men based not on any verifiable criminal activity but simply on the basis of their body art. In response to the judge’s order, the secretary of state, Marco Rubio, produced a flimsy one-and-a-half-page memo that admits that Khalil engaged in no criminal conduct. Instead, the memo, citing an arcane law, stated that Khalil’s “past, current, or expected beliefs, statements, or associations that are otherwise lawful … compromise a compelling US foreign policy interest”. In other words, the government was saying that Khalil’s views – including even his future views – were sufficient grounds for his deportation.Make no mistake. The government is seeking to deport Khalil solely for his constitutionally protected speech, a protection that applies to everyone in the United States. If the government succeeds, you could well be next. And don’t think that your citizenship will protect you. If the government can deny the basic right of freedom of speech to lawful permanent residents, what’s to stop them from going after citizens next? (The administration already has a plan to denaturalize US citizens.)Do we really want to live in a country where the government can decide which ideas are allowed to be heard and which cannot? I’m surprised that I even have to write these words. In an open society, free debate is encouraged and needed, while in a closed society, lists of proscribed ideas circulate and proliferate, and it’s frighteningly clear which way we’re headed. The Trump administration has already banned the use of words and phrases such as “equity”, “women” and “Native American” from government websites and documents, showing us how the open door of American democracy is slamming shut faster and louder than we could have imagined. And Khalil’s case is the test of what this government can achieve.Rubio alleges that Khalil engaged in “antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States”. But he provides no evidence whatsoever. Meanwhile, here’s what Khalil told CNN last year: “As a Palestinian student, I believe that the liberation of the Palestinian people and the Jewish people are intertwined and go hand-by-hand, and you cannot achieve one without the other. Our movement is a movement for social justice and freedom and equality for everyone.”It would seem that Rubio believes the phrase “freedom and equality for everyone” undermines US foreign policy interests. He may finally be right about something. But he’s wrong about Khalil, who clearly is not antisemitic. If Rubio wanted to cleanse the country of the noxious hatred of Jewish people, he could start by examining members of his own party. Marjorie Taylor Greene once speculated publicly that California wildfires were started by a beam from “space solar generators” linked to “Rothschild, Inc”, a disgusting nod to bizarre antisemitic conspiracy theories. Robert F Kennedy Jr said that the coronavirus had been manipulated to make “Ashkenazi Jews and Chinese people” the most immune to Covid-19. Elon Musk can barely keep his arm from extending into a salute, Dr Strangelove-style.It’s not some illusory antisemitism that has brought the wrath of the Trump administration raining down on Khalil. It’s the fact that he was standing up for Palestinian rights and calling out Israel’s actions, labelled genocidal by jurists, experts and international human rights organizations alike. But the US government does not want the American people to even entertain this discussion, which includes American complicity in this human catastrophe that is also US foreign policy, and so it will use every means at its disposal to forestall the possibility, including the bluntest instrument in the political book: mass fear.The attempt to deport Khalil is meant primarily to discipline the people of the United States into silence and conformity. For that reason alone, the government’s actions must be resisted. Healthy societies are based on free thinking and dissent. Unhealthy societies mobilize fear and intimidation to regulate opinion and manufacture consent. Today, that consent is about Israel. Tomorrow, it will be about something else. Either way, it will never be your choice, and it will always be theirs.Many legal observers were anticipating today’s ruling by Comans. Immigration judges are appointed by the Department of Justice. As such, they are employees of the executive branch and not the federal judiciary. The New York Times even noted that, had Comans dissented from the government, she would also have “run the risk of being fired by an administration that has targeted dissenters”. The ACLU speculated that the decision to deport Khalil had been “pre-written”, as it was delivered so fast. And Comans stated that the constitutional questions raised by the case will be heard in federal court in New Jersey and not in immigration court in Louisiana.skip past newsletter promotionafter newsletter promotionThat doesn’t mean that Judge Comans couldn’t have ruled otherwise. On the contrary, the decision is another dangerous illustration of how much power the executive branch in the United States always wields, how much more power the Trump administration is willing to assume, and how deferential the institutions that could rein in this administration have become.This structural cowardice on the part of these institutions is doing great harm to the integrity of American democracy, often expressed in some sort of embarrassed whisper. Khalil, on the other hand, speaks loudly and eloquently for his position. At the end of his hearing in Louisiana, Khalil asked to address the court. “You said last time that there’s nothing that’s more important to this court than due process rights and fundamental fairness,” he said. “Neither of these principles were present today or in this whole process. This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family. I just hope that the urgency that you deemed fit for me are afforded to the hundreds of others who have been here without hearing for months.”Mahmoud Khalil is clearly a remarkable, principled man. He doesn’t deserve this unjust detention the US government is subjecting him to. The irony is that this United States doesn’t deserve a Mahmoud Khalil.

      Moustafa Bayoumi is a Guardian US columnist More

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      Rubio boasts of canceling more than 300 visas over pro-Palestine protests

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      The US state department is undertaking a widespread visa-review process, revoking hundreds of visas and placing hundreds more under scrutiny, targeting mostly foreign nationals engaged in pro-Palestine activism, according to official statements.The secretary of state, Marco Rubio, confirmed the scale of the crackdown, announcing that he has canceled visas for more than 300 people he called “lunatics” connected to campus pro-Palestine protests in the US, with promises of action to continue daily.Asked by reporters during a visit to Guyana in South America to confirm reports of 300 visas stripped, Rubio said: “Maybe more than 300 at this point. We do it every day, every time I find one of these lunatics.”One recent example of the policy’s implementation has been US immigration authorities detaining Rumeysa Ozturk, a Turkish doctoral student at Tufts University on a Fulbright scholarship, in broad daylight by masked agents in plainclothes.Her arrest and visa revocation came after she voiced support for Palestinians in Gaza in an op-ed she co-authored in her student newspaper. The Department of Homeland Security (DHS) claimed she “engaged in activities in support of Hamas”, a justification being denounced as a direct assault on academic freedom and the erosion of free speech and personal liberties.In addressing her case specifically, Rubio said: “We revoked her visa … once you’ve lost your visa, you’re no longer legally in the United States … if you come into the US as a visitor and create a ruckus for us, we don’t want it. We don’t want it in our country. Go back and do it in your country.”But the visa-revocation campaign is just part of a broader, more aggressive deportation enforcement strategy that extends far beyond protest-related actions.The Trump administration has simultaneously implemented other restrictive measures, including pausing green card processing for certain refugees and asylum seekers and issuing a global directive instructing visa officers to deny entry to transgender athletes, of which there are very few.In a statement to Fox News, the state department claimed that it had “revoked the visas of more than 20 individuals”, and said hundreds more were under consideration under the banner of what they call “national security concerns”.skip past newsletter promotionafter newsletter promotion“Overall, we continue to process hundreds of visa reviews to ensure visitors are not violating terms of their visas and do not pose a threat to the United States and our citizens,” the statement said.The state department did not return a request for comment on whether these revocations were student visas, work visas or otherwise. More

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      Donald Trump is seeking to erase the United States as we know it | Laurence H Tribe

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      Less than seven weeks into Donald Trump’s second term as president, his administration has set off a new wave of handwringing over what has by now become a familiar question: has the US entered a constitutional crisis?Triggering the latest iteration of that worry, the government hastily deported more than 200 Venezuelan immigrants to a notorious prison in El Salvador, without hearings or evidence and thus without anything even resembling due process of law, pursuant to the US president’s proclamation “signed in the dark on Friday evening” that they constituted an invasion by a foreign state.Trump invoked a 1798 statute last used to intern Japanese Americans during the second world war, buttressed by powers he claimed were inherent in the presidency. Chief judge James E Boasberg of the US district court for the District of Columbia rushed to convene a hearing on the legality of the challenged action as two deportation flights departed from Texas, followed quickly by a third. Moments after the judge ordered them to return so he could rule on a motion barring the deportation, El Salvador’s president, Nayib Bukele, tweeted: “Oopsie … Too late”, with a laughing emoji, even as the court considered whether its order had been defied.The branch of government best able to uncover and safeguard both our noblest traditions and the simple truth in moments such as these – the judiciary – has been hobbled and vilified by Trump and his allies, making wildly irresponsible calls for impeachment that put dangerous targets on the backs of judges who rule in ways they dislike. Even mild-mannered chief justice John Roberts had to cry “foul”. The administration’s cavalier attitude toward courts that fail to do its bidding, exemplified by calls for Boasberg’s removal, seemed to confirm concerns about a looming crisis.But searching for evidence of a “constitutional crisis” in the rapidly escalating clashes of the executive branch with the judicial branch misses the larger cataclysm taking place across the US. This president, abetted by the supine acquiescence of the Republican Congress and licensed by a US supreme court partly of his own making, is not just temporarily deconstructing the institutions that comprise our democracy. He and his circle are making a bid to reshape the US altogether by systematically erasing and distorting the historical underpinnings of our 235-year-old experiment in self-government under law.What we are currently living through is nothing less than a reorganized forgetting of the building blocks of our republic and the history of our struggles, distorting what it means to be American. The body politic is being hollowed out by a rapidly metastasizing virus attacking the underpinnings of our entire constitutional system. Make no mistake. This is how dictatorship grows.Symptomatic of that reshaping is the peculiar emergence, in a duet staged by the president together with the world’s richest man and Trump’s main benefactor, of a co-presidency without precedent in our republic and without even a hint of the irony in such shared power being propagated by ideologues whose mantra has long been the need for a “unitary presidency”.As staffers of the newly minted so-called “department of government efficiency” (Doge) raided congressionally created independent federal agencies and foundations without warning and slashed entire programs without thought, the Trump administration stuttered when asked by the courts to explain who was in charge of the “department” that no Congress had created – and how the leader of that enterprise had somehow acquired the power of the purse that the constitution clearly delegated only to Congress.More than just stonewalling courts and refusing to provide basic information on government activities, the Trump administration has waged war on history itself. Having first debilitated our capacity to act, it is now coming after our capacity to think. The same day Boasberg directed the administration to explain why it had seemingly failed to comply with his order, Doge staffers marched into the Institute of Museum and Library Services (IMLS), the agency responsible for funding many needy public museums, libraries and historic repositories across the country.Like Julius Caesar besieging and burning the Library of Alexandria, the Doge officials descended upon the IMLS to begin the process of gutting the public institutions dedicated to preserving and making widely available the shared memory of our past. It was none other than Benjamin Franklin whose conception of public libraries democratized knowledge and made it accessible to ordinary people. What used to be the private province of the few became the public province of the many.The attack on the IMLS is only the latest episode of the Trump presidency’s attempt to privatize information while replacing authentic history with a version more to its liking. As internet archivists race to back up the nation’s files and records, Trump administration officials have been systematically purging government websites in real time of the tools, concepts and language we need to act as informed citizens. In response to secretary of defense Pete Hegseth’s order to remove “diversity” content from the department’s platforms, the Pentagon took down pages about the Holocaust, September 11, cancer awareness and suicide prevention. So too, the Department of Agriculture deleted entire datasets and resources that farmers relied on to identify ways of coping with heat waves, droughts, floods and wildfires. Websites belonging to the Small Business Administration and Arlington National Cemetery scrubbed their platforms of photographs and references to women, LGBTQ+ individuals and people of color, including facts about American heroes such as Jackie Robinson or Gen Colin Powell.Taken together, these events of the past few weeks reveal an alarmingly rapid collapse of what gives the United States constitution life and meaning. Its words may remain unchanged, but its role in our lives is crumbling before our eyes. Looking for a decisive explosion or a moment of crisis – what physicists call a singularity – in the chaotic onrush of presidential provocations is a fool’s errand, one calculated to disarm the resistance without which we will surely be doomed.The seeds of our ongoing disintegration long precede Trump’s rise to power. They were planted decades ago by strategic politicians who dressed rightwing ideologies in conservative garments, permitting the darkest angels of our nature to take hold and to reach a climax in fake claims of a stolen election that led to an insurrection in our country’s capital, followed first by the Senate’s abdication of its duty in Trump’s second impeachment trial (on the bogus ground that the trial had begun too late to give the Senate jurisdiction) and next by the US supreme court’s gifting of Trump – and every future president – with a nearly absolute immunity transforming the office from one restrained by law to a source of virtually limitless power.Rarely noted is how this frightening power to ignore federal criminal law has been conferred not only on the president but on his legions of loyal lieutenants, from public officials to private militias. Because the constitution itself gives presidents an unbridled power to pardon others – a power Trump reveled in employing to free from prison the violent insurrectionists that he had himself helped unleash – we now live under a system in which any president can license his trusted followers to commit crimes to consolidate his power and wealth, making clear that a pardon awaits them should they face federal prosecution. The upshot is that privateers in league with the president can safely ignore federal laws criminalizing corrupt evasion of rules designed to protect public health and safety while they casually usurp powers the constitution gave to Congress, moving so fast and breaking so much that not even genuinely independent federal courts can keep pace with the mayhem.In his iconic poem The Hollow Men, TS Eliot a century ago famously wrote: “This is the way the world ends / This is the way the world ends / … /Not with a bang but a whimper.” Rooted in our past, the anti-democracy virus has reached a fever pitch as it ravages the body politic and revises all traces of our history. It’s a virus we must fight with all the energy we can muster if we don’t want our system of self-government under law to die – not in a sudden explosion but with a quiet whimper.The tragedy is that too many politicians and organizations are caving in without a fight, leading others to follow suit. With each surrender, Trump and his minions not only grow more emboldened but cement their hold on power by cracking down on all who dare oppose them in court, including lawyers who come to the aid of the administration’s enemies.Without more courageous leaders – including Republican officeholders who fear being primaried by candidates backed by limitless wealth – and without more bravery on the part of corporate CEOs whose fortunes can be threatened by Trump, elite lawyers whose business can shrivel if Trump targets them, and ordinary citizens understandably fearing online threats and worse, this darkness will be our destiny as we are reduced to mere memories and then relegated to the vast wasteland of the forgotten.

      Laurence H Tribe is the Carl M Loeb University professor and professor of constitutional law emeritus at Harvard Law School. Meriting special thanks and acknowledgment is his research assistant, Radhika M Kattula, a third-year law student at Harvard Law School. More

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      Trump’s imperial plan is now eroding the rights of people who thought they were safe | Nesrine Malik

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      The imperial boomerang effect is the theory that techniques developed to repress colonised territories and peoples will, in time, inevitably be deployed at home. Repressive policing, methods of detention and controlling dissent, forcing humans to produce goods and services for overlords in the metropolis, or even mass enslavement and killing: all “boomerang” back into that metropolis. First, they are used against those who are seen as inferior; then, they are deployed even against those citizens with full rights and privileges if they dare to question authority. In short, the remote other eventually becomes the intimate familiar.Donald Trump’s second term has so far been a case study in how systems built for those whose rights have been diluted or taken away eventually devour those who were assumed to be safe from such violations. There are three ways in which this process of rebounding happens. The first is through the creation of a domestic caste system that mirrors the one outside a country’s borders, as demonstrated in the recent treatment of those foreigners with permanent US residency and valid work visas who expressed dissenting views on Gaza.Under Trump, their actions meet a threshold of insubordination that justifies their arrest, detention and deportation. The human rights of those individuals, such as due process, are cancelled. In allying themselves with Palestinians and against US foreign policy, they are demoted to the level of those Palestinians in their treatment by the US government. The tenuousness of permanent residency, valid work visas, green cards, marriage to US citizens and parenthood to American children starts to become clear. These are all conditional rights that can be stripped away if, in your alliances and solidarities, you identify yourself as a subject of American power. You mark yourself out as a citizen of the periphery daring to ask for the rights of the citizens of the core.Trump’s invocation of the 1798 Alien Enemies Act is an almost too-on-the-nose demonstration of that two-tier system. Laws that were designed centuries ago, and have only been used to create legal vacuums on US soil in order to detain foreigners, create a second class of human. Franklin Roosevelt relied on the act to create domestic internment camps during the second world war, in which more than 100,000 people of Japanese descent were detained. Another order that he issued, and that mandated the internment of US citizens, was only overturned in 2018. If it had not been, Trump would no doubt be using the law to extend arrests and detentions to US citizens for their political opinions as well.That legal infrastructure, no matter how dormant, is always open to reactivation and capture. A similar process unfolds within the workings of an immigration complex that is already opaque and reflexively punitive. The second rebound mechanism is via this sort of infrastructure. The US immigration system is a vast enterprise of bureaucracy, employment, detention centres and private companies that channels and imprisons immigrants. It is also a system that, even before Trump, was one of legal sinkholes and almost infinite licence. Border guards have the final decision-making authority on whether you enter the US, no matter what visa you are issued from an embassy abroad; customs agents have the right to search devices; and, if you are detained and deported, that whole process can happen without you being given access to a lawyer or standing before a judge. Detention for many is a state of extended limbo.Combine a system so large with a regime that enables it while weakening the judicial and legal proceedings that act as a check on its worst impulses, and you have a recipe for overreach and impunity. On his first day in office, Trump signed an executive order that gave even more power to border officials to “identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible”. With increased deportations of undocumented migrants being a flagship policy of Trump’s campaign, and the empowerment of Immigration and Customs Enforcement (Ice) to achieve that end, a practical and political dragnet has been cast so wide that it’s catching a lot more than intended. It is no longer only those whose skin colour, paperwork or political opinions throw them into uncertainty.Over the past few weeks, German tourists were arrested when they tried to enter the US entirely legally through the southern border, and detained for weeks before being deported. Jasmine Mooney, a Canadian citizen with a work visa, was arrested and detained for two weeks but told to “mentally prepare” herself for “months”. A French scientist was denied entry to the US when his phone was searched and messages critical of Trump were found. Those who have been added to the immigration detention prison population, from Mooney to Mahmoud Khalil, a green-card holder and recent graduate of Columbia University, testify to the state of detainees they met there. “Justice,” Khalil wrote from detention, “escapes the contours of this nation’s immigration facilities.”Which brings us to the third way in which the boomerang effect takes place – through the erosion of norms and standards, a cannibalisation of the very political systems meant to govern and protect those at the centre. On 18 March, Trump called for the impeachment of a federal judge who issued a temporary ban on deportations as ordered by the administration. The confrontation between Trump and the judiciary has precipitated a constitutional crisis that is shaking the foundations of US politics. The system of checks and balances – the equality of the legislative, executive and judicial branches under the constitution – is threatened by Trump’s open defiance and desired subjugation of all to the executive office. This is against a backdrop of the limiting of academic freedom, the violation of the first amendment, and a disregard for the US constitution described by experts as a “blitzkrieg on the law”.In this, there is something that can be seen everywhere in regimes that either have or crave absolute power. In order to seize authority and run a whole country according to the interests of a sovereign, more and more parties must be disenfranchised and repressed. The imperial form of governance is the prototype of what is required to exert control in the presence of mass dissent. But all political systems with large components that subdue a significant portion of the population cannot continue without those components overtaking the entire machine. It is a simple, almost elegant fact; something like a law of nature. But a nation that withholds its best ideals from some will end up losing them for all.

      Nesrine Malik is a Guardian columnist More