Mahmoud Khalil’s Detention Is a Trial Run

The federal government has provided no evidence that Mahmoud Khalil has committed a criminal offense, and yet on Saturday night, he was taken by agents of the state from his home and renditioned to a detention facility where neither his pregnant wife nor his lawyer have had access to him.

Khalil, a legal permanent resident of the United States and Palestinian activist who helped lead the protests at Columbia University over the Israel-Hamas war last spring, seems to have been disappeared by the U.S. government because of his political views. Khalil was among the students urging the university to cut financial and educational ties with Israel. (Unlike with other categories of immigrants, revoking the status of legal permanent residents generally requires evidence of wrongdoing.)

Yesterday, President Donald Trump announced that Immigration and Customs Enforcement had “proudly apprehended” Khalil, describing him as a “Radical Foreign Pro-Hamas Student.” A Department of Homeland Security spokesperson described Khalil as having “led activities aligned to Hamas.” There is, notably, not even a hint of an allegation of criminal behavior in that description. They do not accuse him of being a member of, fighting for, or providing material support to any terrorist group, all of which are prosecutable crimes. The phrasing aligned to implies that if Trump-administration officials think the views of a green-card holder are unacceptable, they can deprive him of his freedom. How does one even prove they are not “aligned” with Hamas, a subjective and arbitrary judgment that could be thrown at anyone deemed too critical of the Israeli government?

Government officials have told reporters that Khalil’s green card was revoked under a provision of the Immigration and Nationality Act that authorizes the secretary of state to expel an “alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.”

Trump supporters have a remarkable ability to coalesce around whatever explanation they are told to repeat, so the arguments defending the detention are likely to orient around this justification. The idea that Khalil’s views might have “serious adverse foreign policy consequences” for the United States is an obvious pretext for expelling him—and a message to others who might hold or express similar beliefs. Trumpists simply do not approve of his politics and have therefore resorted to using the power of the state to deport him. Trump has styled himself a champion of free speech, but this is what Trumpists mean by “free speech”: You can say what Trumpists want you to say or you can be punished.

[David A. Graham: The free-speech phonies]

Trump has announced as much, declaring that the administration would not tolerate “pro-terrorist, anti-Semitic, anti-American activity.” That is an admission that Khalil’s arrest is not about consequences for American foreign policy but about punishing speech. The administration is using the power of the state to silence people who express political views that Trump dislikes. And it is worth noting that Trumpists define any criticism of Trump as “anti-American.”

Due process is a cornerstone of democracy and the rule of law. Without it, anyone can be arbitrarily deprived of life or liberty. Leaders who aspire to absolute power always begin by demonizing groups that lack the political power to resist, and that might be awkward for the political opposition to defend. They say someone is a criminal, and they dare you to defend the rights of criminals. They say someone is a deviant, and they dare you to defend the rights of deviants. They call someone a terrorist, and they dare you to defend the rights of terrorists. And if you believe none of these apply to you, another category might be “traitor,” the label that Trump and his advisers, including the far-right billionaire Elon Musk, like to give to anyone who opposes them.

Trump’s assault on basic First Amendment principles may begin with Khalil, but it will not end with him. Trump’s ultimate target is anyone he finds useful to target. Trump and his advisers simply hope the public is foolish or shortsighted enough to believe that if they are not criminals, or deviants, or terrorists, or foreigners, or traitors, then they have no reason to worry. Eventually no one will have any rights that the state need respect, because the public will have sacrificed them in the name of punishing people it was told did not deserve them.

The Trump administration began its drive for absolute power by ignoring congressional appropriations of foreign aid, which are laws. It calculated that Americans would be callous enough not to care about the catastrophic loss of human life abroad and that the absence of backlash would enable the administration to set a precedent for defying duly passed laws without consequence. Trump began his assault on antidiscrimination law with a vicious campaign against trans people—but has already broadened that campaign into a sweeping attempt at a great resegregation of American life. The detention of Mahmoud Khalil begins a dangerous new phase, in which the Trump administration will attempt to assert an authority to deprive people of due process based on their political views.

The Anti-Defamation League, a pale shadow of its former self, enthusiastically endorsed Khalil’s detainment absent due process, saying it “appreciated” the Trump administration’s “bold set of efforts to counter campus anti-semitism” by “holding alleged perpetrators responsible for their actions.” Although the statement includes the caveat that “any deportation action or revocation of a Green Card or visa must be undertaken in alignment with required due process protections,” praising the Trump administration for arresting Khalil absent any such process makes clear that the question of Khalil’s guilt is an afterthought. One source of legal authority that the administration appears to be citing is the 1952 McCarran-Walter Act, whose co-sponsor Senator Patrick McCarran believed that Jews were “subversive rats that need to be kept out” of the country. If there is one obvious lesson of Jewish history, it is that when governments persecute people based on their political views and ethnic background, it is unlikely to end well for Jews. The ADL learned different lessons from that history, I suppose.

This sort of reaction, where a self-styled civil-rights organization endorses depriving people of their basic rights of speech and due process because they find the target unsympathetic, is what the Trumpists are counting on. Trumpists are counting on as many people as possible shutting off their conscience, because the administration has picked a target it hopes few will defend. They are counting on the public deciding that free speech and due process are optional for this category of people or that one, and that they will be safe, as they have done nothing wrong. The Trump administration wishes to lull people into this complacency until it is too late to react.

This kind of arrogance has a poor track record historically. Despots are always in need of powerful enemies to justify an insatiable drive for absolute power. Where none exist, they will invent them. Mass graves across the world are full of those who believed they had nothing to fear.

This is what is important: It does not matter if you approve of Khalil’s views. It does not matter if you support the Israelis or the Palestinians. It does not matter if you are a liberal or a conservative. It does not even matter if you voted for Trump or Kamala Harris. If the state can deprive an individual of his freedom just because of his politics, which is what appears to have happened here, then no one is safe. You may believe that Khalil does not deserve free speech or due process. But if he does not have them, then neither do you. Neither do I.