Columbia protester suit raises questions about free speech rights: ‘Immigration enforcement as a bludgeon’

In a matter of days, Yunseo Chung was sent into hiding.

On 5 March, Chung – a 21-year-old student at Columbia University – attended a sit-in to protest the expulsion of several students involved in pro-Palestinian activism at the famed New York university. Four days later, Immigration and Customs Enforcement (Ice) agents showed up at her parents’ home.

When they couldn’t find her there, Ice sought help from federal prosecutors and searched her dormitory – using a warrant that cited a criminal law against “harboring noncitizens”. They revoked her green card and accused her of posing a threat to US foreign policy interests.

On Monday, Chung sued Donald Trump and other high-ranking administrations to stop their targeting of her and other students. And on Tuesday, a federal judge ordered the Trump administration to halt its efforts to arrest and deport Chung, saying “nothing in the record” indicated that Chung posed a danger to the community.

“After the constant dread in the back of my mind over the past few weeks, this decision feels like a million pounds off of my chest. I feel like I could fly,” she shared in a statement to the Guardian after the ruling.

Her location remains undisclosed, and Chung herself has remained shielded – for her own protection – from the public. But she has nonetheless made a powerful statement, by raising a simple question: if the administration can arbitrarily and unilaterally threaten immigrants over political views they disagree with, if it can disregard the free speech rights of lawful permanent residents – what limits, if any, remain on its power?

“Officials at the highest echelons of government are attempting to use immigration enforcement as a bludgeon to suppress speech that they dislike, including Ms. Chung’s speech,” her lawyers write in the suit.

Unlike some of the other students the administration has targeted for pro-Palestinian activism, including recent graduate Mahmoud Khalil, who led protests on campus, and Cornell PhD student Momodou Taal, who delivered speeches at his university’s pro-Palestinian encampment, Chung’s involvement in the movement was low-profile. She didn’t play an organizing or leading role in any of the protest efforts; she didn’t speak to the media about her activism.

“She was, rather, one of a large group of college students raising, expressing, and discussing shared concerns,” her lawyers write.

Chung moved to the US from South Korea when she was seven, and has lived in the country ever since. She was a valedictorian in high school; at Columbia, she had contributed to a literary magazine and an undergraduate law journal. She has maintained a 3.99 GPA and interned with a number of legal non-profits including the Innocence Project.

Last spring, Chung was one of hundreds of students and other activists who set up the Gaza Solidarity Encampment on the university campus, and hundreds of others visited the space to attend speeches, community events and protests. As the university began meting out disciplinary actions against protesters, hundreds of students and faculty also joined in a walkout in solidarity with student activists, demanding amnesty to student protesters.

Yunseo Chung. Photograph: Courtesy of Naz Ahmad

In May last year, Chung and other students faced disciplinary proceedings for posting flyers on school campus – but the university ultimately found that Chung had not violated policies, according to the lawsuit.

After that, Chung continued her studies, and it wasn’t until earlier this month that she came onto immigration officials’ radar.

Earlier this year, Barnard College, a sister school to Columbia, announced the expulsions of several protesters – amid a renewed, nationwide crackdown on student protesters that came following pressures from the Trump administration to tamp down pro-Palestinian activism on campus.

Chung attended a sit-in demonstration calling on Barnard to reverse the expulsions. Chung became trapped between a crowd of students and New York police department officers investigating a bomb threat, according to the suit. She, and others, were charged by the NYPD for “obstruction of governmental administration”.

Days later, immigration officials obtained a warrant to track down and arrest Chung. In a statement on Monday, the Department of Homeland Security characterized the sit-in she attended as a “pro-Hamas protest at Barnard College”.

In a press conference after a hearing on Chung’s case Tuesday, Ramzi Kassem, one of her lawyers, said that Chung “remained a resident of the Southern District of New York” and had been “keeping up with her coursework” even amid Ice’s efforts to track her down and arrest her.

In a lawsuit filed Monday, Chung’s lawyers wrote that the prospect of arrest and detention has “chilled her speech” – and note that the administration’s pursuit of non-citizen students had overall dampened free expression.

“Ms. Chung is now concerned about speaking up about the ongoing ordeal of Palestinians in Gaza as well as what is happening on her own campus: the targeting of her fellow students,” the suit alleges.

Scores of other students could also be silenced with similar threats, the suit argues. Faculty at Columbia and universities across the US have reported that international students and green card holders have been worried about attending classes, and are reconsidering plans to visit family, study abroad or travel for research.

The administration has also placed immense pressure on universities to cooperate with its crackdown on protesters. Last week, the university agreed to overhaul its protest policies and hire an internal security force of 36 “special officers” who will be empowered to remove people from campus after the administration revoked $400m in funding for the university, which many faculty have taken as a dangerous capitulation that will endanger academic freedom.

And the threat of deportation against her is a powerful one, the suit continues. If she is sent to South Korea, she would be arriving in a country she hardly knows – separated from her parents and community, and a sister who is about the start college as well.

“Yunseo no longer has to fear that Ice will spirit her away to a distant prison simply because she spoke up for Palestinian human rights,” said Kassem in a statement to the Guardian. “The court’s temporary restraining order is both sensible and fair, to preserve the status quo as we litigate the serious constitutional issues at stake not just for Yunseo, but for our society as a whole.”