Campus protesters have faced deportation threats before

Summary

Consider This from NPR: Campus Protesters and Deportation Threats

Episode: Campus protesters have faced deportation threats before
Release Date: March 26, 2025

In this compelling episode of NPR's Consider This, host Juana Summers delves into the pressing issue of foreign-born students on American campuses facing deportation threats due to their activism. Through personal narratives, historical parallels, and expert legal insights, the episode unpacks the intersection of free speech, immigration policy, and government overreach.

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Personal Stories of Deportation Threats

Nora Abdullah's Ordeal

The episode opens with a poignant account from Nora Abdullah, whose husband, Mahmoud Khalil, a Columbia University graduate student and legal U.S. resident, was abruptly arrested by Immigration and Customs Enforcement (ICE) agents on March 8th.

"He's like, 'Are you Mahmoud Khalil?' Mahmoud said, 'Yes.' And he says, 'I'm with the police. You have to come with us.' I think at that point, like, honestly, like, my heart sank."
— Nora Abdullah [00:30]

Nora describes the emotional turmoil she experiences daily, grappling with constant calls and the fear of losing her husband.

"It's been very overwhelming. It's like when I wake up in the morning, it's a lot of like, just go, go, go. Call after call after call. It really, I don't think it like, hits me until like, sorry, I'm a mess this morning."
— Nora Abdullah [00:00]

Despite the government's allegations labeling Mahmoud as a Hamas sympathizer—a claim Nora vehemently denies—Mahmoud remains detained without any formal charges.

"I just want to be clear that the smears against Mahmoud are exactly that. They're smears. He has and always will stand up for what's right and the way that he was taken from his family was, was not right."
— Nora Abdullah [00:54]

Ranjani Srinivasan's Flight to Canada

Ranjani Srinivasan, a 37-year-old architect and doctoral candidate at Columbia, shares her experience of having her visa revoked amid accusations of advocating for terrorism.

"I'm not a terrorist sympathizer. I'm not pro Hamas. And I think it's really dangerous to label any free speech that, you know, somebody disagrees with or any sort of peaceful objection to global issues, as, you know, terrorism, I think it just creates a climate of fear."
— Ranjani Srinivasan [02:08]

Choosing safety over risk, Ranjani fled to Canada after attending protests against civilian killings in the Israel-Hamas conflict, highlighting the severe personal costs of such government actions.

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Historical Context: The LA8 Case of 1987

Juana Summers draws a historical parallel to the LA8 case from January 1987, where eight immigrants, predominantly students advocating for Palestinian rights, were arrested at gunpoint by federal agents.

"In January of 1987, Michel Shahada, a Palestinian man who'd lawfully emigrated to the United States as a teenager, was taking care of his toddler son at home when federal agents arrived at his door and arrested him at gunpoint."
— Juana Summers [03:00]

Much like today’s cases, the LA8 were detained not for any criminal activity but for their political activism. The government's long-term legal battle against them spanned two decades, emphasizing the persistent nature of such tactics against pro-Palestinian voices.

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Expert Insights: David Cole on Legal Battles and Free Speech

Legal expert David Cole, former attorney for the LA8 and Georgetown Law professor, offers a deep analysis of the current deportation campaigns against student activists.

Similarities Between LA8 and Current Cases

"It's really deja vu all over again. The government is targeting Palestinians engaged in nothing more than protest activities on campuses. Why? Because the government disagrees with the viewpoints expressed."
— David Cole [06:28]

Cole underscores the government's pattern of suppressing dissenting voices by equating activism with national security threats, a tactic he describes as a "weaponization of antisemitism" to undermine liberal institutions like universities.

First Amendment Protections

A central theme in Cole's discussion is the robust protection of free speech under the First Amendment, which he argues extends to all individuals in the U.S., regardless of citizenship status.

"The First Amendment protects all of us in the United States. It doesn't limit its protections to citizens... The government can't prosecute you for burning an American flag or for saying something offensive or for advocating in favor of Palestinian rights or against Israel. And it also can't deport you for doing the same thing."
— David Cole [06:28]

Cole critiques the Trump administration's use of obscure legal provisions from the Immigration and Nationality Act to justify deportations based on "adverse foreign policy consequences," a notion he finds both absurd and unconstitutional.

"The notion that a college student's speech on a single campus in the United States somehow poses serious adverse foreign policy consequences is laughable."
— David Cole [09:04]

Potential Ripple Effects on Free Speech

Cole warns that successful deportations of activists like Mahmoud Khalil or Badar Khansouri could instill a "tremendous chill" across the nation, deterring free expression and activism.

"If you, you know, if you're a student on any campus and a foreign national and you see what the government is trying to do to Kahlil and Mr. Khansuri simply because of their pure speech, you're going to shut up."
— David Cole [11:03]

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Legal and Social Implications

The episode highlights the Trump administration's aggressive stance on deporting foreign-born students involved in pro-Palestinian activism, invoking national security as a pretext. This approach not only challenges the constitutional protections afforded by the First Amendment but also threatens to dismantle the very fabric of academic freedom and civil society by targeting universities as bastions of liberal thought and criticism.

Cole emphasizes that such legal maneuvers are not only unjust but also undermine America's foundational values of free speech and open discourse.

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Conclusion: The Ongoing Struggle for Free Expression

NPR's Consider This episode paints a sobering picture of the current climate surrounding campus activism and immigration policy. By juxtaposing personal stories with historical cases and expert legal analysis, the episode underscores the critical importance of defending free speech rights against governmental overreach. As the fight for Mahmoud Khalil and others continues, the broader implications for free expression in the United States hang in the balance, calling on citizens and institutions alike to stand against such infringements.

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This summary captures the essence of the podcast episode, providing a comprehensive overview for those who haven't listened while highlighting key discussions and insights shared by the speakers.

Transcript

[Nora Abdullah]

It's been very overwhelming. It's like when I wake up in the morning, it's a lot of like, just go, go, go. Call after call after call. It really, I don't think it like, hits me until like, sorry, I'm a mess this morning.

[Juana Summers]

That's Nora Abdullah speaking with npr. Her husband, Columbia graduate student and legal U. S. Resident Mahmoud Khalil, was arrested by Immigration and Customs Enforcement agents on the evening of March 8th.

[Nora Abdullah]

He's like, Are you Mahmoud Khalil? Mahmoud said, yes. And he says, I'm with the police. You have to come with us. I think at that point, like, honestly, like, my heart sank.

[Juana Summers]

Khalil was taken to a detention facility in Louisiana and has been there since. He has not been charged with a crime. The government has instead accused him of being a Hamas sympathizer, a claim his wife vehemently denies.

[Nora Abdullah]

I just want to be clear that the smears against Mahmoud are exactly that. They're smears. He has and always will stand up for what's right and the way that he was taken from his family was, was not right.

[Juana Summers]

Since his arrest, the government has also alleged in a court document that he failed to disclose some of his employment history in his application for a green card. And Mahmoud Khalil is not the only Columbia student for whom federal agents have come knocking.

[Ranjani Srinivasan]

I did not answer the door. My roommate did, and I'm grateful to her for that. She asked them to identify themselves repeatedly and they refused. They first said they were police. Second, they said they were super, a supervisor. And eventually she was able to get them to admit that they were from immigration.

[Juana Summers]

Ranjani Srinivasan is a 37 year old architect who was set to finish a doctoral program at Columbia in May. When she was notified that her visa had been revoked, she told NPR's Here. And now that the Department of Homeland Security is accusing her of advocating for violence and terrorism, she'd attended a handful of protests against killings of civilians in the war between Israel and Hamas. Rather than risk arrest, she fled to Canada.

[Ranjani Srinivasan]

I'm not a terrorist sympathizer. I'm not pro Hamas. And I think it's really dangerous to label any free speech that, you know, somebody disagrees with or any sort of peaceful objection to global issues, as, you know, terrorism, I think it just creates a climate of fear.

[Juana Summers]

Consider this. The Trump administration's efforts to deport foreign born students have set off alarm bells about where and when the First Amendment is applied. But it's not the first time our government has tried to deport student activists for pro Palestinian speech. Almost 40 years ago, it tried to do the same thing on different legal grounds. Coming up, we'll hear from a lawyer who defended those students about what's at stake from npr. Hi, I'm Juana Summers. This message comes from Carvana. Discover your car's worth with Carvana Value tracker. Stay up to date when your car's value changes. Always know your car's worth with Carvana Value Tracker. It's consider this from NPR one morning. In January of 1987, Michel Shahada, a Palestinian man who'd lawfully emigrated to the United States as a teenager, was taking care of his toddler son at home when federal agents arrived at his door and arrested him at gunpoint. Jihada soon learned he was one of eight immigrants, mostly students and known as the LAD arrested on charges relating to their pro Palestinian activism. Fast forward to this month when federal agents arrested Mahmoud Khalil, a recent Columbia University graduate student, and Georgetown professor Badar Khansouri. Like the LA8, both are in the US legally being threatened with deportation and both are targets of the Trump administration's crackdown on what they describe as anti Semitic pro Hamas speech on college campuses across the country. For insight into this moment and what we can learn from the plight of the LA8, we turn now to David Cole. He represented the LA8 over their 20 year fight to remain in the United States. David Cole, welcome to the program.

[David Cole]

Thanks for having me.

[Juana Summers]

I just want to start by asking you as briefly as you can, could you just walk us through what happened to the LA8?

[David Cole]

Well, as you indicated in your opening, they were arrested at gunpoint. They were all detained initially as national security threats. When we challenged that assertion, the government said it wanted to rely on secret evidence that we couldn't see to show that they were security threats. The judge said, no, I'm not going to look at secret evidence unless you can show it to the defendants, essentially. And the government said, okay, well then we're not going to show it to the judge either. And they were allowed out. So they were free after about the first month. They were free for the entire 20 year saga of their case. But it took 20 years to prevail in a case in which the government targeted our clients not for engaging any criminal activity at all, but for essentially advocating for Palestinian self determination.

[Juana Summers]

As you mentioned, these cases went on for more than two decades. How did that affect the lives of the la, their families?

[David Cole]

Well, because they were free, they were able to work. Some of them got green cards while the case was going on. The principal restriction on them was that they weren't able to leave the country without giving up their case. And so a number of them lost parents who were living back in Palestine and were unable to go see their parents in the last, you know, years, months, days of their lives without giving up their right to stay in this country. And they just had for two decades hanging over their heads the fact that they may lose the right to be in this country despite the fact that they engaged in no unlawful activity because of what they said and what they believed in.

[Juana Summers]

What are the similarities that you see between their case and those that are being brought today against Mahmoud Khalil and the others?

[David Cole]

Well, it's really deja vu all over again. The government is targeting Palestinians engaged in nothing more than protest activities on campuses. Why? Because the government disagrees with the viewpoints expressed. And so they are seeking to deport people for their speech. And what we established in the LA8 case was that the First Amendment protects all of us in the United States. It doesn't limit its protections to citizens. It protects everyone in the United States, whether you're a citizen or an immigrant, whether you're here on a student visa or a permanent resident visa, or even if you're here illegally. You have First Amendment rights. The government can't prosecute you for burning an American flag or for saying something offensive or for advocating in favor of Palestinian rights or against Israel. And it also can't deport you for doing the same thing.

[Juana Summers]

Why do you think it is that the government has gone after folks on college campuses in particular, when it comes to this kind of speech?

[David Cole]

Well, I think it's really a weaponization of antisemitism to target campuses, to target universities. The right disagrees with many of the perspectives that are prevalent on universities, and they have sought to attack universities for that very reason. And this charge of antisemitism has given them a pretext to go after a set of institutions that they don't like because it is liberal. And I think the Trump administration has escalated that because universities are an important part of civil society that provide a source for checking government abuse, for providing criticism of government, and they don't like that. So they are seeking to neutralize that opposition by targeting students who engage in activism and targeting universities like Columbia if they don't crack down sufficiently harshly on that activism.

[Juana Summers]

In order to pursue these deportations, the government is using a rarely invoked part of the Immigration and Nationality act that allows the US Secretary of State to deport any non citizen whose presence in the US could be deemed to have, and I'm quoting here, adverse foreign policy consequences for the United States. Secretary of State Marco Rubio has made the claim that Khalil's case, at least it's not about free speech, but it's about who is and who is not allowed to be in the country to begin with. What do you make of that argument?

[David Cole]

Well, I think, first of all, the notion that a college student's speech on a single campus in the United States somehow poses serious adverse foreign policy consequences is laughable. We're stronger than that. We can tolerate the fact that people, students, speak out on campus without our foreign policy going down the tube. So the assertion is blatantly pretextual. But in addition, it's a violation of the First Amendment because what is the basis upon which he says Mr. Khalil's activities undermine our foreign policy? Nothing more than his pure speech and speech is protected for all of us.

[Juana Summers]

The use of this obscure legal provision, to me, it seems really similar to what happened with the LA8. How might you counter such an argument in a case like this?

[David Cole]

Well, I think what we did in the Le8 case, they were initially charged with a similarly obscure provision. It made you deportable for being a member of a group that advocated world communism. And we challenged the constitutionality of that provision as a violation of the First Amendment. We said citizens have the right to be members of groups that advocate world communism or to advocate world communism themselves and can't be prosecuted for it. And so non citizens also have the same right to engage in that activity because the First Amendment does not distinguish between citizens and non citizens. We won on that ground. And I suspect that Khalil will make the same arguments that he has the same First Amendment rights as citizens. And if you can't prosecute a citizen for criticizing Israel's attacks on Gaza, you can't deport a foreign national for doing so. That violates the First Amendment.

[Juana Summers]

If the government is successful in deporting someone like Khalil or Bedar Khonsuri, what kind of ripple effects might that have for free speech in the United States?

[David Cole]

Well, it will send a tremendous chill across this country, and that is its intention. President Trump on Truth Social essentially said, you know, this is the first step. We're going to go after anyone who engages in what he calls illegal protests, which he seems to define as protests he doesn't like. And so if you, you know, if you're a student on any campus and a foreign national and you see what the government is trying to do to Kahlil and Mr. Khansuri simply because of their pure speech, you're going to shut up. You're going to not engage in your speech rights. And that's precisely what it is designed to do, to shut down speech that the government doesn't like. But the First Amendment is here to say that is not the government's prerogative. The government in the United States has to tolerate speech, even speech that it disapproves of, especially speech that it disapproves of.

[Juana Summers]

David Cole is a former lawyer for the LA8 and national legal director for the ACLU. He is now at Georgetown Law. David, thank you so much for talking with us.

[David Cole]

Thanks so much for having me.

[Juana Summers]

This episode was produced by Kyra Wakim with audio engineering by Hannah Glovna. It was edited by Sarah Handel and Nadia Lancy. Our executive producer is Sami Yenigun. It's consider this from npr. I'm Juana Summers. This message comes from NPR sponsor Shopify. Start selling with Shopify today. Whether you're a garage entrepreneur or IPO ready, Shopify is the only tool you need to start, run and grow your business without the struggle. Go to shopify.com npr.