The federal government’s move to revoke the green card of Columbia graduate students and expel him for his participation in last year’s pro-Palestine student camp raises new questions about the risks of political activism among citizens of African-American countries.
Mahmoud Khalil is a well-known negotiator representing student protesters in Colombia, one of many campuses across the country, demonstrating during the Gaza War. Many protests have established pro-Palestine student camps, such as the ending at UCLA, UC EU, UC Irving, UC Santa Cruz, UC Santa Cruz, UC Santa Cruz, UC Berkeley, Stanford, Stanford and San Francisco.
U.S. permanent resident Khalil was arrested by U.S. immigration and customs law enforcement officers on March 9 at his university-owned apartment. Agents said they were implementing the State Department ruling Khalil’s student visa, according to the Associated Press. When Harrier’s lawyer clarified that he was a green card holder, officials said they were revoking that, too.
The ultimate fate of Khalil is unclear – his possible deportation was put on hold, and the court believes he is accepting legal arguments for protected freedom of speech. But the move reflects an executive order signed by President Trump at the beginning of his term to expel and cancel all student visas for “Hamas sympathizers on college campuses.”
Secretary of State Marco Rubio, who doubled down at a press conference shortly after Khalil’s arrest, said: “It has nothing to do with freedom of speech. It’s about people who don’t have the right to start in the United States.”
Khalil’s arrest “has undoubtedly made university communities across the country feel cold, and it certainly caused fear among college students, especially those involved in Gaza [related] Political protests, and also faculty, said Ahilan Arulantham, co-director of the Center for Immigration Law and Policy at UCLA Law School.
So, what protections do non-U.S. citizens involved in political activism have? This is what some experts say.
First Amendment Considerations
Immigration advocates and legal experts say that in the United States, everyone living in the United States has the First Amendment to participate in activist and political demonstrations, including protests, regardless of their immigration status.
Arulanantham said that simply because of their political activities would violate the status of the Children Arrival, revoking a person’s green card, temporary visa or extension would violate the First Amendment.
“The problem is that it’s hard to prove that this is what’s happening, and the path to challenging this revocation is very limited,” he said.
Veronica Garcia, an employee attorney at the Immigration Legal Resource Center, said that even if non-U.S. citizens have the right to protest, there are risks of being “accused of putting your place at risk,” such as misdemeanors or boycotting arrests.
Rubio hints at this reason in his news reports.
When you apply for a student visa or any visa to enter the United States, we have the right to reject you for any reason, but I think it is a supporter of Hamas, entering our colleges and subverting them, subverting them, and compliciting with criminals who are obviously sabotaging crimes, in which they stop—in which he cannot attend classes. ” he said.”
“If you told us that this is what you were going to do when you came to the United States, we will never let you in.” “And if you do that, we will undo it and kick you out.”
Is your green card revoked just to participate in political activism, including protests?
Usually, no. But there are some warnings.
Arulanantham said the government has no right to revoke your green card status because “it is a unique legal category where you have the right to live permanently”.
Under Section 237 of the Immigration and Nationality Act, for example, a green card holder may be deported for accused of committing violent crimes or marital fraud.
“In the context of protests, there may be a charge of vandalism, assault and assault, or refusal to arrest so as to cause [the green card holder] Deported. “Miosotti Tenecora, a staff attorney at the Immigration Legal Resource Center.
The pro-Palestinian tent camps remain peaceful on some campuses and fall into violence on others, resulting in law enforcement interventions and damage to university property.
In his recent blog post, Arulanantham, co-written Just Security, he argued that in the case of Khalil, the Supreme Court ruled: “The law does not allow the government to deport non-citizens with too vague reasons, which are too vague to fairly inform them of what they did wrong.”
“But the question is, if the government violates the First Amendment and wants to expel you for that, can you do anything to stop them?” he told the Times.
What about temporary student or teacher visas?
Alanantham said the government could revoke temporary student or teacher visas without giving reasons.
The students will then have to try to prove that the revocation is because of their palestine activity, which is difficult to prove.
Another example given by Arulanantham is that if students go home for spring break and they are trying to return to the United States, airport officials can deny their entry without giving reasons.
This is also difficult to prove in litigation.
What about the DACA recipients?
If you are a recipient of DACA, then there is a risk that you may be revoked or deemed not eligible for renewal if you are convicted of three or more misdemeanors. Participating in the protest does not violate the plan.
“Some reasons are not just criminal activities, such as those related to national security, but the government will have to say that just your protests will suffice,” Arulanantham said.
How do your immigration status protect you if ice appears?
Legal experts say non-U.S. citizens, regardless of their status, have the constitutional right of the Fourth Amendment, so they can choose not to answer questions or open the door without seeing a valid warrant.
Arulanantham’s advice for foreign students who are temporary visas, other temporary visa holders and DACA recipients is: If you have an employment authorization or other proof of identity, you should carry it with you.
He said students should not carry documents that indicate that they were born outside the United States, but documents that proved they had lived here for more than two years. He said the government usually takes the position that if you live here for less than two years, you can be deported without an immigration court hearing.
Green card holders should carry their green card.
For example, ICE agents could question people during protests, but Tenecora said they would not be able to go further without reasonable suspicion of the person’s lack of legal status.
Tenecora and Garcia advise against posting your participation in the protests as the government can use it as evidence to connect you to the event.
For example, if the protest becomes violent and there is evidence that you participated in the protest at some point, the government can use photos or videos and connect you to allegations of violence.
Both lawyers say non-U.S. citizens have the right to participate in protests and other forms of peace activism. However, if you want to have a clearer understanding of the risks associated with it, they recommend consulting an attorney.
