While Tal Fortgang acknowledges that there are reasonable questions about whether authorities observed due process in ordering the deportation of Mahmoud Khalil—one of the leaders of the anti-Israel movement at Columbia University—he argues that freedom of speech is not at issue in this case. Khalil, a foreign national holding a green card, is not about to lose his rights because of his ideas or words, but because of his activities:
No one disputes that Khalil was the face of Columbia University Apartheid Divest (CUAD), an umbrella group for pro-Palestinian campus organizations opposed to “the Zionist project” during CUAD’s “Gaza Solidarity Encampment” at Columbia in April last year. . . . CUAD does not just have an implied affinity for terrorists, it celebrates them: when Hamas’s leader, Yahya Sinwar, was killed by Israeli troops last year, CUAD published a “tribute” to this “hero of the revolution,” extolling him for organizing Hamas’s October 7, 2023, terrorist attack on Israel—one of “the greatest moments of Palestinian resistance.”
CUAD’s “resistance” isn’t just rhetorical. The organization and its affiliate groups organize the mass commission of minor crimes, such as trespassing, vandalism, and disorderly conduct, with a clear aim of trying to intimidate others into capitulating to their policy demands. . . . The Columbia Spectator, a student newspaper, reported in January that “a video posted jointly on Instagram by New York City Resists with Gaza and Columbia University Apartheid Divest” showed protesters vandalizing toilets in a campus building and spray-painting walls.
Now, consider the law. The Immigration and Nationality Act authorizes the deportation of noncitizens for various reasons; . . . at least three could apply to Khalil’s case. The government may deport a noncitizen who serves as “a representative, . . . an officer, official, or spokesman” of “a political, social, or other group that endorses or espouses terrorist activity.” Khalil has in the past unequivocally held himself out as a representative of CUAD, which explicitly endorses terrorism.
More about: Freedom of Speech, Immigration, U.S. Constitution