The federal move to cancel the Columbia graduate student green card and deport him for involvement in a pro-Palestinian student camp last year raises new questions about the risks associated with political activity among unified state citizens.
Mahmoud Khalil was a prominent negotiator representing Colombian student protesters. This was one of many campuses nationwide due to demonstrations about the war in Gaza. Many protests featured the establishment of Palestinian student camps, including those that were eventually demolished in UCLA, Irvine, California, Polihumbold, California, Santa Cruz, California, Santa Cruz, California, Stanford, and San Francisco.
Halil, a permanent resident of the United States, was arrested on March 9 by US immigration and customs enforcement agents in the country in his university-owned apartment. The agent said it is implementing a State Department order to revoke Halil’s student visa, according to the Associated Press. When Khalil’s lawyer revealed he was a green card holder, authorities said they had revoked it too.
Halil’s ultimate fate is not yet clear. His possible deportation is pending and the court considers legal arguments that he is engaged in protected free speech. However, the move reflects an executive order that President Trump signed at the start of his term to deport and cancel student visas for “Hamas sympathizers on university campus.”
Secretary of State Marco Rubio doubled the administration’s actions at a press conference shortly after Halil’s arrest, saying, “This is not about freedom of speech. It’s about people who don’t have the right to be in the United States in the first place.”
Halil’s arrest “Undoubtedly sent the cold to university communities across the country, and it definitely caused a round of horror, amongst university students, especially those involved in Gaza. [related] The political protests said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA’s Faculty of Law.
So, what kind of protection is there for non-US citizens participating in political activities? Here’s what some experts have to say:
First Amendment Considerations
Immigration advocates and legal experts say that everyone living in the United States has the first amendment right to participate in activism and political demonstrations, including protests, regardless of their status of immigration.
Arulanantham said that for political activities, their political activities, their childhood arrival status, they will cancel a person’s green card, temporary visa or deferred lawsuit for deferred lawsuits.
“The problem is, it’s very difficult to prove that it’s happening, and the path to challenge such a revocation is very limited,” he said.
But while non-US citizens have the right to protest, there is a risk that they will be “prosecuted for something that could put your position at risk,” such as resisting misdemeanor of vandalism or arrest, said Veronica Garcia, staff lawyer at the Center for Immigration Legal Resources.
Rubio hinted at the rationale in his press statements.
“When applying for a student visa or a visa to enter the US, we have the right to deny you for practically any reason, but I think we are a Hamas supporter and are complicit in our university and are complicit in being a complicit in destroying it, which is a crime of destruction.
“If you told us that was what you were going to do when you came to America, we would never have let you in,” he added. “And if you come in, if you do it, we’ll cancel it and kick you out.”
Can your green card be revoked just to participate in political activities, including protests?
Generally, no. However, there are some caveats.
“It is a clear legal category and you have the right to residency here under the law,” so you are not authorized to revoke your green card status.
Under section 237 of the Immigration and Nationality Act, green card holders may be subject to deportation for example, for being charged with violent crimes or marriage fraud.
“In the context of the protest, someone could be found guilty of destruction, assault, or battery with a police officer, or resist arrest; [the green card holder] said Miosotti Tenecora, staff lawyer at the Immigration Law Resource Center.
The Palestinian professional tent camps remained peaceful on some campuses, causing violence on others, leading to law enforcement intervention and damage to university property.
In a recent blog post, Arulanantham co-authored Just Security, so in the case of Khalil, the Supreme Court argued that “the law does not allow the government to deport non-citizens on reasons that are too vague to justify that they have been wrong.”
“But the problem is, if the government is violating the First Amendment and wants to deport you for that, you can do something to stop them,” he told the Times.
What about temporary student or faculty visas?
The government can revoke temporary student or faculty visas and does not need to give a reason, Alanandham said.
Students should try to prove that it is difficult to prove that the cancellation is due to pro-Palestinian activity.
Another example given by Arulanantham is that if students are going home for spring break and they are about to return to the US, airport staff can reject them.
This would also be difficult to prove in a lawsuit.
What about DACA recipients?
If you are a DACA recipient, if you are convicted of three or more misdemeanors, you are at risk of revoking your status or being deemed ineligible for renewal, Garcia said. Participating in the protest is not a violation of the program.
“There are several grounds that go beyond mere criminal conduct, like national security-related grounds, but the government must argue that your protests are enough,” Alanandham said.
If ICE appears, how will your immigration status protect you?
Legal experts say non-US citizens, regardless of their status, have Fourth Amendment constitutional rights, so they can choose to answer questions or open doors without looking at a valid warrant.
Arulanantham’s advice for foreign students with temporary visas, other temporary visa holders, and DACA recipients, if any, must carry it with you if you have employment approval or other proof of status.
Students should not carry documents showing that they were born outside the United States, he said, but instead proves that they have lived here for more than two years. He said the government could normally be deported without a trial by the immigration court, if you lived here less than two years later, under the expansion of rapid removal.
Green card holders must carry a green card.
For example, ICE agents can question people in protests, but Tenecola says they can’t do anything more without “a reasonable doubt that this person has no legal status.”
Tenecora and Garcia are advised from posting participation in the protest, as the government can use it as evidence to connect you to the event.
For example, if the protest becomes violent, if you have evidence at some point in attendance at the protest, the government can use photos or videos to link you to a violent accusation.
Both lawyers said non-US citizens are entitled to participate in protests and other forms of peaceful activities. However, if you want a clearer understanding of the risks associated with it, we recommend consulting with an attorney.
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