The Legal Argument That Could Set #MahmoudKhalil Free

Lawyers trying to free the #ColumbiaUniversity activist point to a legal exception undermining the #Trump administration’s argument.

“The government doesn’t get to decide what you can talk about and what you cannot talk about based on whether or not it helps the U.S.”

by Jonah Valdez, March 13 2025

"Khalil’s attorneys plan to contest his detention on free speech grounds under the First Amendment and by challenging the government’s use of the '#ForeigPolicy' provision. By evoking the 'foreign policy' provision, the Trump administration is making a clear statement not just about its foreign policy goals but also free speech, Azmy said.

"'The United States government thinks Mahmoud’s speech in favor of Palestinian human rights and to end the genocide is not only contrary to U.S. foreign policy, which is something in itself, but that that dissent provides grounds for arrest, detention, and deportation,' Azmy said. 'It’s an astonishing claim.'

"Central to their challenge in court will likely be another provision within the Immigration and Nationality Act that exempts #noncitizens facing deportation under the government’s “foreign policy” provision. The exception, known as Section 212(a)(3)(C)(iii), says that an individual cannot be deported under the 'foreign policy' provision cited by the government if their 'past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.'

"In other words, since Khalil’s past activities were protected free speech under the First Amendment, he should not be deported under the 'foreign policy' provision cited by the government, Azmy said. The Department of Homeland Security has said it arrested Khalil, a lead negotiator for #Palestine solidarity protesters at Columbia, for having 'led activities aligned to Hamas.' But even if such alignments exist, advocacy is protected activity in the U.S., Khalil’s attorneys maintain.

"'If there is constitutionally protected speech,' Azmy said. 'It doesn’t matter if it goes adverse to the foreign policy interests of the United States — it’s still protected. The government doesn’t get to decide what you can talk about and what you cannot talk about based on whether or not it helps the U.S.'"

Original article:
theintercept.com/2025/03/13/ma…

Archived version:
archive.ph/Su5P8
#FreeMahmoud #FreeMahmoudKhalil #FreePalestine #FreeSpeech