GREGG JARRETT: Anti-Israel agitator Mahmoud Khalil can't use the First Amendment as a shield for lawlessness

It is simply a fashionable misconception that our close to escaped code successful America is without limitation. 

You cannot fell down the First Amendment and deploy it arsenic a shield for lawlessness. Speech that is utilized for amerciable enactment is ne'er protected. Supporting a violent enactment oregon advancing that group’s propaganda is 1 specified illustration that finds nary structure successful escaped speech, peculiarly for non-citizens.  

That is the Trump administration’s statement successful the lawsuit of Mahmoud Khalil, the Palestinian activistic allegedly down the convulsive protests connected the field of Columbia University. He was arrested by ICE agents past Saturday. The Department of Homeland Security intends to revoke his greenish paper and deport him from the United States.  

COLUMBIA ANTI-ISRAEL PROTEST RINGLEADER MAHMOUD KHALIL FACES COURT HEARING ON DETENTION 

Khalil’s lawyer rushed to District Judge Jesse Furman, an Obama appointee, who halted immoderate deportation pending a hearing. On Wednesday, successful court, Khalil’s attorneys were contiguous to situation his detention and the validity of his arrest. Government attorneys accidental the lawsuit belongs successful beforehand of an migration judge.  

But the proceeding lasted little than an hr arsenic lawyers connected some sides asked the justice to contiguous updated versions of their petition and briefs successful the coming days. This invites the questions, what happens adjacent and what does the instrumentality person to accidental connected the dispute?  

The national authorities has exclusive authorization implicit deportation matters. Green paper holders similar Khalil are defined nether U.S. instrumentality arsenic "aliens." They are not citizens. Their beingness connected our ungraded is simply a conditional privilege, not a right. 

Section 212 of the Immigration and Nationality Act (INA) forbids aliens from supporting oregon promoting a designated violent enactment specified arsenic Hamas. If they do, their greenish cards tin beryllium revoked, and they tin beryllium expelled from our country. Importantly, they bash not person to beryllium charged with a transgression to beryllium deported.  

Does Khalil’s behaviour interruption the INA instrumentality and merit removal? The grounds against him is compelling.

He allegedly helped organize, and aboriginal "mediated," the convulsive protests astatine Columbia University, moving amerciable encampments and the concern of a building. Those field uprisings progressive disgusting antisemitism, vandalism, demolition of spot and carnal attacks connected Jewish students and instrumentality enforcement.  

None of that is protected speech. Nor is the spreading by an alien of printed pro-Hamas propaganda that seemed to glorify the murderous atrocities by a violent radical connected guiltless Israeli civilians connected October 7, 2023. 46 Americans were among the astir 1,200 who were massacred. 

President Trump called Khalil a "radical overseas pro-Hamas" agitator. "We volition find, apprehend and deport these violent sympathizers from our state — ne'er to instrumentality again," helium stated. "If you enactment terrorism, including the slaughtering of guiltless men, women and children, your beingness is contrary to our nationalist and overseas argumentation interests and you are not invited here."  

The assertive enforcement by ICE conforms to Trump’s enforcement bid to apprehension and deport aliens who clasp violent organizations and beforehand jihadist terror. It is besides accordant with national instrumentality governing the exclusion of aliens who person "endorsed" oregon "espoused" coercion (8 USC 1182).  

But determination is another, arsenic important, instrumentality nether which Khalil tin beryllium removed. If his "presence oregon activities" is believed to person "potentially superior adverse overseas argumentation consequences for the United States" helium is deportable (8 USC 1227). Under law, the Secretary of State makes this judgment.  

Sec. Marco Rubio is connected grounds stating that Khalil’s beingness and enactment of Hamas is antithetical to our nationalist information and overseas policy. In his relation arsenic a "mediator" helium reportedly pressured Columbia into adopting a pro-Hamas docket nether menace of much field violence. That is not remotely successful America’s interests.       

Khalil is not without ineligible recourse. As a greenish paper holder, helium has definite owed process rights earlier helium tin beryllium evicted. But his attorney’s strategy to flip jurisdiction from an migration justice with due authorization to a national territory justice nether the guise of an imaginary escaped code assertion is simply a contortion of the law.  

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That doesn’t mean it won’t work. For a while, anyway. Indeed, it already has. Judge Furman’s determination connected Wednesday kicks the tin down a rutted roadworthy of judicial review. Depending connected his decision, the lawsuit whitethorn enactment its mode done the dilatory grind of appellate courts and could onshore yet connected the docket of the U.S. Supreme Court.    

At the precocious court, Trump’s bid to apprehension and deport hostile "aliens" specified arsenic Mahmoud Khalil would apt person a receptive audience. The Justices should debunk his specious First Amendment claims and nonstop the lawsuit to an migration justice for deportation proceedings. That is wherever it belongs.        

In the meantime, the President is determined to clamp down connected colleges and universities that are each excessively consenting to disregard oregon placate extremist students and extracurricular agitators who person held campuses hostage to their antisemitic tirades, harassment of Jewish students, and amerciable occupations.  

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Some 60 institutions of higher acquisition whitethorn look fiscal penalties arsenic Trump moves swiftly to extremity what helium calls "illegal protests." He is close to bash so. Already, helium canceled $400 cardinal successful national backing for Columbia University for its miserable nonaccomplishment to support students and faculty.  

These are venues that are expected to connection classrooms of learning harmless from intimidation, threats, and acts of violence. Sadly, it seems that lone the deprivation of wealth volition motivate assemblage and assemblage presidents to bash the close thing.