Welcome to The Logoff: The Trump administration is defying a federal judge’s order that it free a pro-Palestinian activist, attacking both the rule of law and the Constitution’s guarantee of free speech.
Catch me up? In March, the Trump administration arrested Mahmoud Khalil, a pro-Palestinian activist and former Columbia University student, and designated him for deportation over his participation in campus protests. Mahmoud was a legal permanent US resident, but the administration argued it has the right to revoke Khalil’s green card on the grounds that his presence constitutes a threat to US foreign policy. Khalil sued to stop the deportation, and the two sides have been in court ever since.
So what happened this week? On Wednesday, a federal judge ordered the administration to free Khalil. But today, the administration said it would not free him, arguing unconvincingly that it’s still detaining Khalil for a different violation. (The judge’s ruling to free Khalil explicitly anticipated this strategy and described it as legally unsound.)
What’s next? The administration says that it will appeal the order to a higher court — and keep Khalil detained in the meantime.
What’s the big picture? If Khalil had conducted all the same protest actions on behalf of a cause favored by the administration, he’d still be free. That means that, under Donald Trump, immigrants are facing consequences for expressing political opinions that the administration objects to — a clear violation of the First Amendment.
