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The Hill
21-07-2025
- Politics
- The Hill
Stefanik's latest battle doesn't fight antisemitism; it attacks due process
Rep. Elise Stefanik (R-N.Y.) became the scourge of university leaders on Dec. 5, 2023, when she baited the presidents of Harvard, the University of Pennsylvania and MIT into seemingly tolerating calls for 'genocide of the Jews.' Their tepid responses cost two of them their jobs. At subsequent hearings of the House of Representatives Education and Workforce Committee, Stefanik scorched other university presidents for giving equivocal answers about campus antisemitism. Stefanik's latest target has been a legal clinic at the City University of New York School of Law, called CUNY CLEAR, an acronym for Creating Law Enforcement Accountability and Responsibility. At a hearing last week, Stefanik berated CUNY Chancellor Felix Matos Rodriguez for CLEAR's representation of Mahmoud Khalil, whom she called 'the chief pro-Hamas agitator that led to the antisemitic encampments at Columbia.' Whatever the merits of Stefanik's other accusations, she is absolutely wrong about CUNY CLEAR. Representation of a controversial client is in the best tradition of legal education. Khalil was a leader of the pro-Palestinian occupation at Columbia, advancing inflammatory claims and demands. He was also a lawful permanent resident — a green card holder — married to an American citizen. Last March, Khalil was arrested by agents of U.S. Immigration and Customs Enforcement. Although he was not charged with a crime, the Department of State asserted that Khalil's green card had been revoked under the Immigration and Nationality Act of 1952, because his pro-Palestinian advocacy posed serious adverse foreign policy consequences for the U.S. Khalil was whisked to a detention facility in central Louisiana. He was held for 104 days until his release was ordered by a federal judge. He is still facing deportation. Outraged that CUNY CLEAR had played a key role in Khalil's representation, Stefanik called upon Rodriguez to fire the CUNY professor who coordinated the defense. Rodriguez was non-committal, promising only to investigate the situation. That was the tactful response, but he missed a teachable moment. The mission of CUNY CLEAR is to support clients and communities 'targeted by local, state, or federal government agencies under the guise of national security and counterterrorism.' Although that may never be acceptable to Stefanik, Rodriguez should have explained that representing unpopular clients is what lawyers are supposed to do, and what law students should be taught to do. CLEAR helped return Khalil from detention in Louisiana to his family, including a newborn son, in New York. That also allowed him greater access to his attorneys, which is essential if he is to have any chance of challenging his deportation. I agree with almost nothing Khalil stands for, but I believe strongly in due process and fair trials. There is no right to appointed counsel in immigration cases, so Khalil's representation could only come from organizations such as the ACLU and CLEAR. In my years as a lawyer in Northwestern's Bluhm Legal Clinic, from 1975 to 1987, I represented plenty of unpopular or outcast clients. Some were obscure, including a lesbian mother seeking to regain custody of her daughter from the Illinois Department of Children and Family Services (which was hardly a foregone conclusion in those days). Others were notorious, such as the Ukrainian parents who wanted to take their 12-year-old son back to what was then the Soviet Union. I also represented Jews for Jesus who had been arrested picketing American Nazi Party headquarters, and Jewish Defense League members for the same thing. I represented Jewish leftists who had been prevented by a police cordon from protesting at a Nazi rally in a Chicago park. I worked with the Illinois ACLU during the Nazis-in-Skokie controversy. There were surely Northwestern trustees, and local politicians, who were unhappy with some aspects of my client list, which included accused gang members and assorted criminal defendants, along with members of the Revolutionary Communist Party. Nobody ever told me that representation should be withheld due to unpopular associations or opinions. There is indeed antisemitism at CUNY, and throughout academia, which I have documented. The representation of Khalil is in an entirely separate category. It is grist for a grandstander like Stefanik, but it is not an example of antisemitism. Among my most rewarding experiences as a clinic lawyer was obtaining the dismissal of charges against a 12 year-old girl accused of murdering her own baby. In 1976, I could not convince prosecutors to treat my client as an abused child herself, rather than a criminal. The only evidence against her was a confession, extracted by police, which my students and I succeeded in suppressing as involuntary. Decades later, I told the story in class. 'So you got her off,' remarked a student. 'No, we got her justice,' I explained. That is what legal clinics do.
The Herald Scotland
28-06-2025
- Politics
- The Herald Scotland
Mahmoud Khalil, free speech rights and the legal battle ahead
Farbiarz said on June 20 that there was no evidence that Khalil, a Columbia University graduate, would be a flight risk or danger to the community if he was released. The administration has cited a provision of the Immigration and Nationality Act of 1952 in its effort to deport Khalil, a lawful permanent resident who was born in Syria. The clause allows the secretary of state to remove individuals from the country if they have reason to believe the person's actions or presence undermines foreign policy interests. Earlier in June, Farbiarz said the application of the provision to Khalil's case violated his First Amendment right to free speech. Trump has referred to Khalil as a "radical, foreign, pro-Hamas student." Khalil's lawyers have said there is no evidence he supports the organization, which the federal government has long designated as a terror group. David Keating, president of the Institute for Free Speech, said he doesn't think international students or visa holders should "take any comfort from (Khalil's release) at all." While Khalil's case garnered publicity and resources for his defense, Keating said that may not be the case for others if the Trump administration targets student protesters at a larger scale. The administration's actions thus far stand to have a "pretty stark" chilling effect on students, he said, adding that they may prompt some to reconsider their plans to study in the U.S. "I think we're sending a really bad lesson about freedoms in America," Keating said. "We should be a beacon of freedom to the world, and I think one way to do that is to let even temporary visitors express their political views." White House says Khalil's case is 'not about free speech' The Foundation for Individual Rights and Expression (FIRE) similarly believes the "fight for free speech is far from over," according to FIRE attorney Conor Fitzpatrick. The organization filed an amicus brief in support of Khalil that said Secretary of State Marco Rubio having the authority to deport non-citizens based on his sole assessment "places free expression in mortal peril." Farbiarz ruled against granting Rubio such authority earlier in June, saying that the government's actions were chilling Khalil's right to free speech and negatively impacting his career and reputation, which "adds up to irreparable harm." White House spokesperson Abigail Jackson told USA TODAY that Khalil's case was "not about 'free speech.'" "This is about individuals who don't have a right to be in the United States siding with Hamas terrorists and organizing group protests that made college campuses unsafe and harassed Jewish students," Jackson said, adding that the administration "expect(s) to be vindicated on appeal" and "look(s) forward to removing Khalil from the United States." While Fitzpatrick said individuals who disagree with the administration's stance and actions toward Khalil can write to Congress or attend rallies to make their voices heard, the fate of student protesters like Khalil ultimately lies in judges' hands. "Realistically, a lot of this is going to have to be resolved in the courts," he said. "There's only so much activism can do on that front." ACLU lawyer says Khalil's case has 'McCarthyite overtones' The American Civil Liberties Union, which is part of Khalil's legal counsel, was "overjoyed" by his release, but the organization said its celebration is tempered by the reality of the long legal road ahead. "I'd say this is a victory in a critically important battle, but it's a long war and we intend to fight it all the way through," ACLU attorney Brian Hauss told USA TODAY. Hauss noted that the U.S. Supreme Court affirmed noncitizens' right to First Amendment protections in 1945's Bridges v. Wixon decision. The case surrounded the government's attempt to deport a man based on his alleged affiliation with the Communist Party. There are "similar McCarthyite overtones" in Khalil's case, Hauss said, referencing the senator who spearheaded the government's anticommunist crusade. While it's "certainly possible" that a deportation case involving student protesters could end up at the Supreme Court, which has reversed long-standing rulings such as Roe v. Wade in recent years, Hauss said he's optimistic the court would rule in their favor given its rulings upholding the First Amendment in recent years. "For the Supreme Court to step back from those freedoms would be truly surprising, and I hope I'm not surprised," he said. Another high-profile case related to Khalil's surrounds Tufts University student Rumeysa Ozturk, who was arrested in Boston in March after writing a pro-Palestinian opinion article that criticized the school's response to the Israel-Gaza war in its student newspaper. A federal judge in Vermont ordered Ozturk to be released in May. Contributing: Hannan Adely and Michael Loria BrieAnna Frank is a First Amendment Reporting Fellow at USA TODAY. Reach her at bjfrank@ USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.
USA Today
27-06-2025
- Politics
- USA Today
Mahmoud Khalil's case, his free speech rights and the legal battle ahead: What to know
Though Mahmoud Khalil was released from federal custody on June 20, his legal counsel says the fight with President Donald Trump's administration is far from over and continues to raise key free speech issues. The administration said it intended to appeal New Jersey U.S. District Judge Michael Farbiarz' ruling to release Khalil from U.S. Customs and Immigration Enforcement custody. He was being held at a Louisiana detainment facility for more than three months following his March 8 detention. Farbiarz said on June 20 that there was no evidence that Khalil, a Columbia University graduate, would be a flight risk or danger to the community if he was released. The administration has cited a provision of the Immigration and Nationality Act of 1952 in its effort to deport Khalil, a lawful permanent resident who was born in Syria. The clause allows the secretary of state to remove individuals from the country if they have reason to believe the person's actions or presence undermines foreign policy interests. Earlier in June, Farbiarz said the application of the provision to Khalil's case violated his First Amendment right to free speech. Trump has referred to Khalil as a 'radical, foreign, pro-Hamas student.' Khalil's lawyers have said there is no evidence he supports the organization, which the federal government has long designated as a terror group. David Keating, president of the Institute for Free Speech, said he doesn't think international students or visa holders should 'take any comfort from (Khalil's release) at all." While Khalil's case garnered publicity and resources for his defense, Keating said that may not be the case for others if the Trump administration targets student protesters at a larger scale. The administration's actions thus far stand to have a 'pretty stark' chilling effect on students, he said, adding that they may prompt some to reconsider their plans to study in the U.S. 'I think we're sending a really bad lesson about freedoms in America,' Keating said. 'We should be a beacon of freedom to the world, and I think one way to do that is to let even temporary visitors express their political views.' White House says Khalil's case is 'not about free speech' The Foundation for Individual Rights and Expression (FIRE) similarly believes the 'fight for free speech is far from over,' according to FIRE attorney Conor Fitzpatrick. The organization filed an amicus brief in support of Khalil that said Secretary of State Marco Rubio having the authority to deport non-citizens based on his sole assessment 'places free expression in mortal peril.' Farbiarz ruled against granting Rubio such authority earlier in June, saying that the government's actions were chilling Khalil's right to free speech and negatively impacting his career and reputation, which "adds up to irreparable harm." White House spokesperson Abigail Jackson told USA TODAY that Khalil's case was 'not about 'free speech.'' 'This is about individuals who don't have a right to be in the United States siding with Hamas terrorists and organizing group protests that made college campuses unsafe and harassed Jewish students,' Jackson said, adding that the administration 'expect(s) to be vindicated on appeal' and 'look(s) forward to removing Khalil from the United States.' While Fitzpatrick said individuals who disagree with the administration's stance and actions toward Khalil can write to Congress or attend rallies to make their voices heard, the fate of student protesters like Khalil ultimately lies in judges' hands. 'Realistically, a lot of this is going to have to be resolved in the courts,' he said. 'There's only so much activism can do on that front.' ACLU lawyer says Khalil's case has 'McCarthyite overtones' The American Civil Liberties Union, which is part of Khalil's legal counsel, was 'overjoyed' by his release, but the organization said its celebration is tempered by the reality of the long legal road ahead. 'I'd say this is a victory in a critically important battle, but it's a long war and we intend to fight it all the way through,' ACLU attorney Brian Hauss told USA TODAY. Hauss noted that the U.S. Supreme Court affirmed noncitizens' right to First Amendment protections in 1945's Bridges v. Wixon decision. The case surrounded the government's attempt to deport a man based on his alleged affiliation with the Communist Party. There are 'similar McCarthyite overtones' in Khalil's case, Hauss said, referencing the senator who spearheaded the government's anticommunist crusade. While it's 'certainly possible' that a deportation case involving student protesters could end up at the Supreme Court, which has reversed long-standing rulings such as Roe v. Wade in recent years, Hauss said he's optimistic the court would rule in their favor given its rulings upholding the First Amendment in recent years. 'For the Supreme Court to step back from those freedoms would be truly surprising, and I hope I'm not surprised,' he said. Another high-profile case related to Khalil's surrounds Tufts University student Rumeysa Ozturk, who was arrested in Boston in March after writing a pro-Palestinian opinion article that criticized the school's response to the Israel-Gaza war in its student newspaper. A federal judge in Vermont ordered Ozturk to be released in May. Contributing: Hannan Adely and Michael Loria BrieAnna Frank is a First Amendment Reporting Fellow at USA TODAY. Reach her at bjfrank@ USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.
NBC News
25-06-2025
- Politics
- NBC News
Kilmar Abrego Garcia's release terms to be debated in court hearing
The Justice Department and lawyers for Kilmar Abrego Garcia, the man the Trump administration mistakenly deported to El Salvador, will debate the terms of his release from federal custody on Wednesday, as he awaits trial for smuggling charges. Abrego, 29, a legal permanent resident of the U.S. who lives in Maryland, was deported in March to a high-security prison in the Central American nation, in what the government called an 'administrative error.' After months of debate in court, Abrego was brought back to the U.S. earlier this month. Upon his return, he was federally charged with two felonies: conspiracy to unlawfully transport illegal aliens for financial gain and unlawful transportation of illegal aliens for financial gain. Abrego Garcia has pleaded not guilty to both charges. At Wednesday's hearing, which is expected to be brief, Magistrate Judge Barbara Holmes will discuss the conditions of release she believes should be imposed on Abrego. As she explained in her ruling ordering his release on Sunday night, Judge Holmes may restrict Abrego's travel to necessary trips to the Middle District of Tennessee for court appearances and attorney meetings, and within his home state. She also suggested she may impose anger management counseling, regulate his contact with his wife, Jennifer Vasquez, and his children. Abrego's wife filed two protective orders against him in years past, but has since reconciled their relationship. Abrego is likely to be detained and placed into Immigration and Customs Enforcement custody for deportation proceedings shortly after he is formally released from federal custody. Although officials facilitated Abrego's return to the U.S. pursuant to court order, he still initially entered the country illegally and is likely to be subject to deportation proceedings, separate from his federal case. Abrego's case is one of the most high-profile examples of the Trump administration taking unprecedented steps to implement the president's campaign promise to curb immigration. Those efforts have included apprehending foreign students en masse, most of whom are Muslim, citing an obscure provision in the Immigration and Nationality Act of 1952 to justify their detainment. The provision allows for the Secretary of State to "personally determine" if certain foreign nationals pose a threat to U.S. foreign policy. In March, the administration abruptly deported hundreds of men it accused of being violent gang members, including Abrego, to the high-security prison in El Salvador. The administration then appeared to defy a judge's order to return the men to the U.S. And in recent weeks, immigration authorities have been raiding farms, hotels, and other worksites to detain undocumented immigrants.
NBC News
21-06-2025
- Politics
- NBC News
Columbia student Mahmoud Khalil returns home to New York area
Mahmoud Khalil, the Columbia University student released after more than three months in ICE detention, arrived in the New York metropolitan area on Saturday. Immigration authorities had arrested Khalil, 30, in March at the university housing complex where he lived in New York City. He was quickly transported thousands of miles away to a detention center in Louisiana, where he spent the last few months. His unprecedented detention has sparked national outrage. Further fueling the controversy, Khalil's American wife gave birth to the couple's first son in April while he remained behind bars. Upon his release in Louisiana on Friday, Khalil addressed reporters briefly, saying he was excited to return to New York City and see his family. 'Although justice prevailed,' he said upon his release, 'it's long, very long overdue. And this shouldn't have taken three months.' 'Trump and his administration, they chose the wrong person for this,' he added. 'That doesn't mean that there is a right person for this. There's no right person who should be detained for actually protesting a genocide, for protesting their university, Columbia University.' Assistant Homeland Security Secretary Tricia McLaughlin on Friday denounced the judicial order freeing Khalil and the judge who issued it. 'This is yet another example of how out of control members of the judicial branch are undermining national security,' McLaughlin said in a statement. 'Their conduct not only denies the result of the 2024 election, it also does great harm to our constitutional system by undermining public confidence in the courts.' The Trump administration claimed it had the authority to detain and deport the pro-Palestinian student activist, arguing that his presence in the U.S. threatened national security. Another charge against Khalil alleges that he omitted details about his work history and membership in organizations on his permanent residency application. The government cited an obscure provision in the Immigration and Nationality Act of 1952 that gives Secretary of State Marco Rubio authority to 'personally determine' whether a foreign national can remain in the U.S. on national security grounds. An NBC News review of more than 100 pages of court filings found that prosecutors relied on unverified tabloid reports and anecdotal claims, raising doubts about the strength of their case for deporting Khalil. Less than 10 minutes after Khalil, who has no criminal history, was released from the detention center in Jena, Louisiana, the Trump administration filed a notice of appeal. Khalil helped lead student protests over the war in Gaza and negotiations with university officials at Columbia last year. The protests at the Ivy League school gripped national headlines for weeks and inspired similar demonstrations at universities around the world. Some Jewish students at universities across the U.S. reported antisemitic incidents as the protest movement gained traction. Khalil was the first of several foreign academics apprehended by immigration authorities in the first months of Trump's second term. Tufts University student Rümeysa Öztürk, a doctoral candidate from Turkey, was arrested outside her home in Somerville, Massachusetts, by immigration authorities on March 25. Viral street footage of her arrest showed Department of Homeland Security officials dressed in plain clothes surrounding Öztürk, grabbing her by the wrists and escorting her into an unmarked vehicle. Mohsen Mahdawi, a 34-year-old graduate student at Columbia who was born in the West Bank, was apprehended by immigration authorities during his naturalization interview in Vermont. Federal judges also ordered the release of both Öztürk and Mahdawi in recent weeks. Other notable cases include a Georgetown University professor who was detained by ICE and later released after a judicial order, and a Brown University professor who was deported to Lebanon.
