Tag: speech

Court Frees Palestinian Student Arrested by ICE at His U.S. Citizenship Hearing

Posted on by Lone Candle

“The arrest of Mohsen Mahdawi was a test of just how far President Donald Trump’s power over immigrants could go. Mahdawi, a ten-year legal U.S. resident and a student at Columbia University, was at his interview to become a U.S. citizen earlier this month. But because he wasn’t a citizen yet, the Trump administration argued that it could deport Mahdawi for his protest activity, and had Immigration and Customs Enforcement (ICE) agents pick him up at the immigration center.

On Wednesday, however, a federal judge ordered ICE to free Mahdawi, who was born in a refugee camp in the Palestinian territories, while his case proceeded. “The two weeks of detention so far demonstrate great harm to a person who has been charged with no crime,” U.S. District Judge Geoffrey Crawford said at the hearing, according to ABC News. “Mr. Mahdawi, I will order you released.””

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“”Noncitizen residents like Mr. Mahdawi enjoy First Amendment rights in this country to the same extent as United States Citizens,” he emphasized. “If the Government detained Mr. Mahdawi as punishment for his speech, that purpose is not legitimate, regardless of any alleged First Amendment violation. Immigration detention cannot be motivated by a punitive purpose. Nor can it be motivated by the desire to deter others from speaking.””

https://reason.com/2025/04/30/court-frees-palestinian-student-arrested-by-ice-at-his-u-s-citizenship-hearing/

Immigrants and Radicals Have the Same Free Speech Rights as Everyone Else

Posted on by Lone Candle

“The Declaration of Independence referred to “certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The First Amendment strictly specifies that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.” Both are rooted in the understanding that rights don’t come from government but are inherent in individuals. The government must respect our rights whether or not it agrees with how we exercise them so long as we, in turn, respect others’ equal rights.

In February, Eugene Volokh of the Hoover Institution and the UCLA School of Law wrote that “when it comes to aliens and immigration law, the First Amendment questions aren’t settled” in a discussion about the constitutionality of deporting noncitizens for their speech. That may still be true, but cases like American Association of University Professors v. Rubio show at least some federal judges viewing First Amendment protections as universally applicable, which squares with American history.

Campus radicals have the same free speech rights as we all possess, even if they’re just visiting.”

https://reason.com/2025/05/02/immigrants-and-radicals-have-the-same-free-speech-rights-as-everyone-else/

Opinion | Visa Applicants Don’t Have First Amendment Rights

Posted on by Lone Candle

“In defending its actions, the Trump administration is citing a 2005 amendment to a 73-year-old law giving the secretary of State the power to deport anyone whose continued presence in the United States would have potentially “serious adverse foreign policy consequences.” Whatever adverse consequences Ozturk may have on American foreign policy, the consequences of her being targeted for deportation based on nothing more than her words are far worse. Now, every immigrant and visa holder, no matter their status, must be especially vigilant when discussing American politics, international affairs — conceivably any subject — in a way that upsets the government.

This is obviously bad for immigrants, many of whom fled societies where expressing an unpopular viewpoint can land one in prison, or worse. But it’s also bad for American citizens, living in a country where the government feels ever more emboldened to clamp down on free expression.

While the arrest and deportation of legal immigrants for expressing opinions has clear First Amendment implications, the exclusion of foreigners on the basis of their statements and beliefs does not. Rather than deporting people who come to this country legally only to espouse extremist views and endorse violence, the U.S. government should do a better job preventing their entry in the first place.”

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“if a disproportionate number of the people prevented from coming to Europe and the United States as a result of ideologically exclusive immigration policies are Muslim, then that signifies the oppressive orthodoxies of the Islamic world, not Western intolerance. These are societies in which the predominant attitudes regarding Jews, the rights of women, the equality of sexual minorities, liberal democracy and secularism are decades if not centuries behind those of the West.”

https://www.politico.com/news/magazine/2025/05/03/deportations-visas-exclusion-first-amendment-00322119

ICE Arrests Palestinian Immigrant at His Citizenship Test

Posted on by Lone Candle

“Ten-year legal U.S. resident and Columbia University student Mohsen Mahdawi showed up at an immigration center in Vermont on Monday for what he thought was his naturalization appointment. Instead, ICE agents swooped in and “refused to provide any information as to where he was being taken or what would happen to him,” according to a statement by Vermont lawmakers.”

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“Mahdawi co-founded the Palestinian student union at Columbia, and Mahdawi was president of the Columbia University Buddhist Association for two years, according to the court filings. While Khalil is soft-spoken in public, Mahdawi comes off as the hothead of the duo. He has been frank about his struggles between feelings of vengeance and forgiveness.
“Radicalism is not Justice, and will not make Justice,” he wrote on Instagram in November 2024. “Justice is balanced, Justice is compassionate, Justice is empathetic, and Justice is transformative.”

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“Mahdawi hasn’t been accused of any crime, according to a habeas corpus petition filed by his lawyers. Vermont District Court Judge William Sessions issued a temporary restraining order preventing ICE from removing Mahdawi from Vermont.”

https://reason.com/2025/04/15/ice-arrests-palestinian-immigrant-at-his-citizenship-test/

A Ruling Against Mahmoud Khalil Highlights Marco Rubio’s Vast Power To Deport People for Their Opinions

Posted on by Lone Candle

“In general, a foreign national is neither excludable nor deportable “because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.” But the INA makes an exception when “the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.” The only statutory requirement to invoke that exception is that the secretary of state “has reasonable ground to believe” that someone’s “presence or activities” would “have potentially serious adverse foreign policy consequences for the United States.””

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“Giving “a single government official sweeping and nearly unchecked power to pick and choose individuals to deport based on beliefs alone, without alleging a single crime, crosses a line that should never be crossed in a free society,” Creeley said. “The only ‘crime’ the government has offered [is] that Mahmoud Khalil expressed a disfavored political opinion. If that’s a crime in America, every single one of us is guilty.””

https://reason.com/2025/04/11/a-ruling-against-mahmoud-khalil-highlights-marco-rubios-broad-power-to-deport-people-for-their-opinions/

US arrests co-founder of Palestinian student group at Columbia University

Posted on by Lone Candle

“Authorities have detained a co-founder of Columbia University’s Palestinian Student Union as he was completing the final steps toward gaining U.S. citizenship in what appears to be part of a widening crackdown on college activists by the Trump administration.

Mohsen Mahdawi, who had permanent U.S. residency, was taken into custody Monday in Vermont when he went to a federal office building for a naturalization appointment, according to a legal filing his attorney submitted to block his transfer to a detention facility out of state.”

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““As a result of his speech he’s being detained, I mean it’s outrageous,” said Luna Droubi, an attorney for Mahdawi, who was raised in a Palestinian refugee camp in the West Bank but has lived in the U.S. for a decade.”

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“Mahdawi appeared on “60 Minutes” in 2023 and was active in the Palestinian student protest movement at Columbia but says he had no role in organizing the largest and most raucous of the demonstrations in the following spring, according to his lawyer’s court filing.

He had finished his studies at Columbia and was planning to graduate in May and then return to the campus in the fall for a master’s degree. Mahdawi is a Buddhist and “believes in non-violence and empathy as a central tenet of his religion,” the court filing said.”

https://www.politico.com/news/2025/04/14/mahdawi-arrested-columbia-palestine-00290474

How Obama and Biden Paved the Way for Trump’s Attacks on Universities

Posted on by Lone Candle

“It’s not inherently wrong for the federal government to refrain from funding an extremely wealthy private institution of higher education, especially one with an endowment of $14.8 billion. But the Trump administration isn’t trying to save money for taxpayers—it’s using the money as leverage to make the university police student expression.”

https://reason.com/2025/04/07/trump-columbia-free-speech-obama-biden-title-ix/