The dust is starting to settle on the conflicting reports emerging after immigration officers’ arrest of Mahmoud Khalil, a Columbia University protest leader and green card holder, last weekend – and Americans should be alarmed by the similarities to authoritarian regimes’ speech policing.
The White House has confirmed the arrest took place under a law granting the secretary of state unilateral power to act when given “reasonable ground to believe” an immigrant’s “presence or activities in the United States … would have potentially serious adverse foreign policy consequences” for the country.
The Trump administration has not been shy in asserting that Khalil’s political expression is at the root of efforts to deport him. The press secretary, Karoline Leavitt, claimed Khalil distributed “pro-Hamas propaganda”. A White House officially reportedly added that the “allegation here is not that he was breaking the law”. Their actions are not about conduct, but speech.
Trump himself claimed Khalil’s arrest was “the first of many to come” against students engaging in “pro-terrorist, anti-Semitic, anti-American activity”.
Americans must ask ourselves whether we are comfortable with our government wielding its power to deport speakers for what it claims is pro-terrorist propaganda. If your answer is “yes”, you should know this method is often employed by authoritarian governments with significantly weaker national commitments to free expression than our own.
In recent years, India has increasingly canceled or failed to renew the work visas of journalists in the country whose writing has challenged the government, including one whose reporting “crossed the line” and another, married to an Indian citizen, who created a “biased negative perception about India” through her journalism. Officials are also targeting the overseas citizenship of India (OCI) status, available to certain individuals of Indian origin or married to Indian citizens, while it takes aim at those it accuses of “tarnishing the image” of India.
These denials serve multiple purposes: they not only diminish government critics’ ability to speak but they also limit the viewpoints that citizens of those countries can access – and warn everyone else to shut up.
Similar efforts are under way elsewhere.
Russia’s targeting of the press, especially after its invasion of Ukraine, has included the expulsion of foreign journalists including Politico’s Eva Hartog and El Mundo’s Xavier Colas. Hong Kong authorities refused to renew the visa of Rowena He, a scholar and Tiananmen massacre researcher, resulting in her removal from the city and her job at Chinese University of Hong Kong. Kuwait revoked citizenship from the blogger and critic Salman al-Khalidi and has since in absentia convicted him for social media posts and extradited him from Iraq. The list goes on.
Governments retain significant authority over who can enter and reside within their borders. But that authority should not be used as a weapon to reflect the government’s preferred political opinions or sift out their critics. Unfortunately, in many places, it is, often on the basis of spurious national security-related claims.
The question at hand today is not whether Khalil’s views are popular or beloved among American citizens or politicians. That should never be the question we ask in our most challenging questions about our speech rights. What we must ask instead is: should we approve of the use of government power to expel speakers whose political views the government loathes?
Because, through its many comments about Khalil’s case, that is the question the Trump administration has undoubtedly posed to us. If constitutionally protected speech “adversarial” to the political positions of the US and allies can make Khalil eligible for deportation, this administration is ultimately threatening the authority to revoke the status of any lawful immigrants whose views it dislikes. You don’t need to hold any sympathy for Khalil’s views to see why this is an immense threat to free expression.
Here in the United States, I advocate for the rights of international students originating from authoritarian regimes who study on our nation’s campuses and carry fear that research or political activity challenging their governments will create consequences at home. Now, immigrants legally in the United States on either a green card or a student visa may be forced to make some of the same calculations as those who live or work in authoritarian states abroad – but about our own government.
Is it safe for me to speak my mind? Is it worth the risk? Is the government going to target me for my views?
America’s immigration holding cells should not become detention centers for speech the government intends to target.
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Sarah McLaughlin is senior scholar on global expression at the Foundation for Individual Rights and Expression and author of the forthcoming book Authoritarians in the Academy: How the Internationalization of Higher Education and Borderless Censorship Threaten Free Speech
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