Can Protesting Lead to Deportation? Columbia Activist’s Case Puts Green Card Holders at Risk As Trial Goes to Court

The deportation case of a Columbia University protest leader fuels debate over free speech and immigration laws in the U.S. 

A federal judge in New York is set to deliberate on a critical case involving Mahmoud Khalil, a prominent figure in last year’s Gaza solidarity protests at Columbia University. 

Khalil, a legal permanent U.S. resident, was arrested by Immigration and Customs Enforcement (ICE) agents and now faces deportation—despite not being charged with a crime. 

The hearing, scheduled for 11:30 a.m. at the Thurgood Marshall Courthouse in Manhattan, brings attention to the legal rights of green card holders. The venue, known for historic trials, is now the stage for a legal battle testing the limits of free speech and immigration enforcement under the Trump administration. 

According to the administration, Khalil’s involvement in pro-Palestinian protests equates to antisemitism and support for terrorism, making him subject to deportation. However, legal experts argue that the First Amendment protects his right to protest, regardless of citizenship status. 

Arrest and Legal Uncertainty 

Protesters march through Lower Manhattan’s Foley Square opposing detention of Khalil/Getty Images

Khalil, an Algerian citizen of Palestinian origin, was taken into custody at his university residence in New York. The arrest followed President Donald Trump’s policy of revoking visas and deporting international students involved in protests deemed supportive of Hamas, a group the U.S. classifies as a terrorist organization. 

His lawyer, Amy Greer, stated that ICE agents initially justified the arrest by citing the revocation of his student visa. However, when informed that Khalil held a green card, they claimed they were revoking that status as well. Greer noted that authorities have not provided details on any specific crimes Khalil may have committed. 

His detention in an immigration facility in Elizabeth, New Jersey, has left his wife, a U.S. citizen who is eight months pregnant, in distress. 

“This is a clear escalation,” Greer told the Associated Press. “The administration is following through on its threats.” 

The Trump administration has also intensified pressure on Columbia University, canceling $400 million in government contracts and grants over allegations of antisemitic harassment. 

Protesters, however, argue that their demonstrations were against the war in Gaza, not against Jewish people. 

The Green Card Dilemma: Balancing Residency and Political Activism 

Legal experts say Khalil’s case could set a dangerous precedent for green card holders exercising their right to protest. 

“Green card holders are not U.S. citizens, but they have the right to live, work, and travel freely in the country,” said Kelli Stump, president of the American Immigration Lawyers Association. 

David Cole, a Georgetown Law professor, emphasized that the First Amendment applies to both citizens and noncitizens. “If you can’t punish a citizen for their speech, you can’t deport a foreign national for it either,” he said. 

Under immigration law, a green card can only be revoked through legal proceedings, typically in cases of fraud or serious criminal activity. However, broad anti-terrorism laws give the government sweeping powers to detain and deport noncitizens. 

“The government is sending a chilling message,” said Jason Dzubow, an immigration attorney in Washington, D.C. “They are pushing the boundaries of what constitutes ‘support’ for a terrorist organization.” 

A civil court judge, rather than a criminal court, will determine Khalil’s fate. Unlike criminal defendants, detainees in immigration proceedings do not have the right to a government-appointed attorney, making legal defense more challenging. 

Campus Crackdown: Columbia University Under Federal Pressure 

Mahmoud Khalil and activists face media outside Columbia University, April 30, 2024/AP

The controversy surrounding Khalil’s case is part of a broader crackdown on student protests and academic institutions. Trump has framed campus demonstrations as evidence of what he calls an “anti-American” agenda in Ivy League schools. 

Columbia University, under mounting government pressure, recently revised its protocol for handling ICE agents on campus. It now allows ICE to enter private property under undefined “exigent circumstances.” 

Critics argue this policy shift signals the university’s willingness to comply with the administration’s aggressive stance. 

A Case With Consequences: What Khalil’s Trial Means for Immigrants 

Khalil’s supporters fear his case is just the beginning. “I am horrified for my dear friend Mahmoud,” said Maryam Alwan, a fellow protester at Columbia. “And I am horrified that this is only the beginning.” 

For now, District Judge Jesse Furman has ordered that Khalil cannot be deported until the court rules on his habeas corpus challenge. 

The outcome of his case could have lasting implications for the rights of green card holders and the future of campus activism in the United States.