Columbia University activist Mahmoud Khalil's arrest sparks First Amendment debate
The arrest of Columbia University graduate student and activist Mahmoud Khalil over the weekend has put a spotlight on First Amendment and immigration rights.
Khalil has been recognized as the leader of last year's student encampment demonstration at the school.
What the First Amendment says and doesn't say
Protesters just outside of the Morningside Heights campus on Monday pushed back on the Department of Homeland Security's statement that Khalil "...led activities aligned to Hamas," and that he was arrested "in support of President Trump's executive orders prohibiting antisemitism."
"Standing for Palestine is not a crime," protester Rafael Kadaris said.
The Trump administration has not said which specific activities or protests it is referring to. Nadine Strossen, a professor at New York Law School, says the First Amendment offers wide protection from criminal prosecution for speech.
"Only when it reaches the point of intentionally inciting imminent violence does that become unprotected," Strossen said. "That would clearly be the bar that would have to be satisfied if the government was seeking to impose some kind of civil or criminal penalty on them. Unfortunately, as I said, there is an ambiguity if what the government is seeking is deportation. There, the law is unclear."
Protected political speech vs. support of terrorism
After Khalil's arrest, Secretary of State Marco Rubio posted on social media that the government "will be revoking the visas and/or green cards of Hamas supporters."
Legal experts say the government can revoke someone's green card, but it's part of a process that typically involves a criminal conviction, or, in some cases, proof that the card holder endorsed terrorism. The Trump administration has not yet announced any specific criminal charges against Khalil.
"And, obviously, that will be part of the debate, where those lines are drawn between what is protected political speech, and then what veers into the territory of support and affiliation with terrorism," said Alina Das, an immigration law professor at NYU Law School.
Police have ramped up their presence near Columbia's campus -- seven NYPD vehicles were seen near 116th and Riverside on Monday afternoon -- as officers expect more protests over Khalil's arrest.
