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