Trump Administration Launches Major Challenge to First Amendment in Arrest, Threatened Deportation of Columbia Pro-Palestine Activist

Posted on March 13, 2025

According to The Guardian, the Trump administration has arrested a leader of the pro-Palestine demonstrations on the University of Columbia campus with the intent to deport him. In its announcement of the arrest of Mahmoud Khalil (a green card holder), the Trump administration cited his speech, specifically his alleged support for Hamas, as the primary reason for pursuing deportation.

By citing Khalil’s political activities in detaining him, ICE has turned what the agency could have argued was strictly an immigration issue into a First Amendment matter. It is not uncommon for public figures, including foreign nationals, to be arrested for alleged criminal violations. The difference is that their free speech is not used as a pretext or justification.

It is this detail that puts the Trump DHS on a collision course with the First Amendment. There are laws on the books outlawing material support for groups the US government designates as foreign terrorist organizations (FTOs), Hamas being one among them. However, merely voicing approval for terrorists does not fit the definition of “material support.” Some conservative commentators have argued that Khalil, if proven to have engaged in disorderly conduct, trespassing, criminal threats to the safety of others, or hate speech, could be deported on these grounds. But neither did the Trump administration cite any of these offenses to justify its apprehension of Khalil.

In denying the characterization as a First Amendment violation, Trump administration figures have pointed to a little-known law that reserves to the US government the right to deport those who obstruct national foreign policy objectives. This statute notwithstanding, there is existing First Amendment case law that establishes that even permitted law enforcement activity, when applied with a target’s speech as impetus, can violate the First Amendment. A prime example of this is the COINTELPRO program, in which the FBI exercised its legal investigatory powers to monitor individuals and groups exercising their freedom of speech. Courts found that this program violated the First Amendment of its surveillance targets, and ordered the program shut down.

Backlash against ICE’s deportation efforts has been swift and severe. It is FIRE’s opinion that the Trump administration’s actions in Khalil’s case may constitute a First Amendment infringement. Democrats have also begun to rally to Khalil’s cause. So far 14 Democrats, including Illinois 3rd Congressional District Representative Delia Ramirez, have signed a letter calling on Trump to release Khalil. Nor has pushback been limited to the left: conservative pundit Ann Coulter has joined the chorus criticizing the Trump administration.

For now, ICE’s efforts have been halted by court order. As civil liberties defenders wait on a definitive ruling, the fate of millions of lawful permanent residents—and, by precedent, all Americans—may hang in the balance.

You can read the full report from The Guardian here.