Immigration and Nationality Act Provisions are Clear Basis For Khalil’s Deportation.
Broader Authorities Regarding Antisemitism and Its Incitement Must Be Strengthened.
(New York, NY) – Counter Extremism Project (CEP) CEO Ambassador Mark D. Wallace issued the following statement regarding Mahmoud Khalil, a Syrian-born Palestinian pro-Hamas agitator and Columbia University graduate student at the vanguard of antisemitic demonstrations on campus in New York. Now detained in Louisiana, Khalil was apprehended by Immigration and Customs Enforcement (ICE) agents on March 8 and is subject to deportation.
The Immigration and Nationality Act [INA 8 USC § 1227] allows for—in fact, requires—the deportation of an alien, including non-permanent residents such as Khalil, whose activities in the country the Secretary of State reasonably believes potentially adversely affects U.S. foreign policy. Secretary Rubio has already indicated as much, and we applaud both him and President Trump for their action in recognizing the gravity of this issue and taking these decisive steps.
In addition, under current US immigration law, a non-US citizen is deportable for engaging in terrorist activities, which includes “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support terrorist organization.” While all individuals in the US are covered by the First Amendment, Right to Free Speech, a non-US citizen cannot use free speech as a shield to deportation. Lawful permanent residents who actively support terrorist organizations such as Hamas, and who actively celebrate and encourage atrocities like October 7 should not expect anything less than that the US government will seek to bar or remove them from continuing to live in the US.
This case also highlights once more the importance of defining antisemitic agitation as a separate ground for removal under INA. Organized, public and sustained antisemitic agitation regularly leads to violence against Jews, as demonstrated by the violent online and offline threats as well as actual violence that many Jewish students have experienced at U.S. campuses since October 2023. Such agitation is not a question of protected speech under the First Amendment, but amounts in practice to incitement to violence.
The case of Khalil further demonstrates an obvious gap in the current definition of “material support” under 18 U.S. Code § 2339A. Not only did Khalil openly and repeatedly glorify the actions of Hamas, designated a Foreign Terrorist Organization (FTO) since 1997— but also propagated for them. This allowed Hamas to reach into the student population of Columbia University, effectively strengthening the group. Here too, First Amendement protections need not apply. Propaganda is a key instrument through which terror groups are able to radicalize, recruit and incite members and supporters. Thus, being a willing and active participant in propaganda should therefore be considered “material support” and carry the same legal consequences as sending financial support to an FTO.
The First Amendment is being regrettably abused and weaponized by virulently anti-American and antisemitic bad actors. Throughout campuses, many students from around the world are joining our most prestigious universities simply to radicalize others and incite antisemitic hatred, while learning and education are secondary concerns. Indeed, Khalil appears to be following in the footsteps of other U.S.- college educated terrorists including Anwar al-Awlaki and Sayyed Qutb. This must end.
Click here to read CEP’s report on the Hamas terrorist group.