On Saturday night, agents of the Department of Homeland Security arrested and detained the Columbia University graduate Mahmoud Khalil. He is still in Ice custody in a remote Louisiana lockup known for extreme human rights violations, from denial of food and water to medical “care” verging on torture.
Khalil, a Palestinian Syrian, emerged as a leader in Columbia’s Gaza solidarity encampment last year and a level-headed negotiator with university officials on behalf of the student protesters. Married to a US citizen, he holds a green card. Neither his American wife, who is eight months pregnant, nor his lawyers were warned of the arrest or told where he would be held.
The importance of Khalil’s arrest cannot be overstated. The state entered the home of a legal US resident, seized and imprisoned him and are now trying to deport him on criminal charges of abetting terrorism – for exercising his constitutional right to free speech.
This is not the first time in American history that immigrants have been deported or US citizens persecuted for nonviolent political expression deemed dangerous by the government. But it is the first such arrest by an authoritarian regime determined to eliminate its perceived enemies. It will not be the last.
Khalil’s ordeal should come as no surprise. The Trump administration announced recently it would revoke the student visas and green cards of “Hamas sympathizers” – AKA supporters of Palestinian liberation.
But Trump has long prepared for this moment. As one of his first acts as president in January 2017, he realized his campaign promise to impose “a total and complete shutdown of Muslims entering the United States” in a series of executive orders banning entrance of travelers from seven predominantly Muslim countries and suspending the resettlement of Syrian refugees. The first two orders, both called “Protecting the Nation from Foreign Terrorist Entry into the United States”, were struck down as unconstitutional; a third revision passed muster.
At the same time, rightwing supporters of Israel were working to equate criticism of Israel with antisemitism. And since criticism of Israel is equated with sympathy with its enemies, and Israel’s enemies are blanketly tarred as terrorists, antisemitism could also be elided with terrorism.
In 2018, a bipartisan Antisemitism Awareness Act (AAA) was introduced in the House with 51 co-sponsors. Its purpose: to adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism in enforcing Title VI of the 1964 Civil Rights Act, which prohibits discrimination by institutions receiving federal funding. The bill referred to the IHRA’s “contemporary examples of antisemitism” as potentially useful evidence of discriminatory intent. But it did not spell out its most politically useful example of antisemitism: that is, criticism of Israel.
The AAA was not signed into law, but in December 2019 the White House issued Executive Order 13899, “Combating Anti-Semitism”, to carry it out. Looking back, the document looks almost cautious. As Congress did in its bill, the White House added a caveat: “Agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.”
The 2019 order was a premonition; it didn’t see much use. Anyway, with his characterization of the Nazis marching it Charlottesville as “very fine people” fresh in mind, the president had little credibility with Jews. But now Trump is taking action. One of the executive orders to come off his desk just hours after inauguration was “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”. The order both elaborates on the Muslim ban and defines the threats more vaguely – thus, more easily attacked.
The US must institute “vigilant” vetting of visa applicants, the document says, as well as “aliens” already legally in the country, to ensure that they “do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security”. The order also seeks to protect the US against foreigners “who preach . . . sectarian violence [or] the overthrow or replacement of the culture on which our constitutional Republic stands”. Aside from material support for terrorists, the rest is constitutionally protected speech.
At the end of the month came “Additional Measures to Combat Antisemitism” expanding EO 13899 in light of “an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence” since the Hamas-led attacks of 7 October 2023. Homing in on schools and colleges, it instructs authorities to use “all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”. Again, harassment and violence are not defined. And this time there is no mention of the first amendment.
The president’s orders on antisemitism, like most of his orders, were also presaged by a plan from the Heritage Foundation: Project Esther, published on the first anniversary of 7 October, aims to vanquish the “virulently anti-Israel, anti-Zionist, and anti-American ‘pro-Palestinian movement’” it calls the “Hamas Support Network”. The so-called “Hamas Support Network” is not only “trying to compel the US government to abandon” Israel; it is bent on no less than “the destruction of capitalism and democracy”.
The detailed strategy touts a list of 856 professors at more than 240 universities in the US and Canada who have “openly advocated or supported up to 63 different HSOs [Hamas Support Organizations]”; it indicts, by name, the progressive lawmakers (some of them Jews) who belong to an “active cabal of Jew-haters, Israel-haters, and America-haters in Washington”. It itemizes the myriad “Hamas Support Organizations” from which it would wrest first amendment protection, including Jewish Voice for Peace.
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Project Esther’s methods are classically McCarthyist: “We must conduct legal, private research and investigation to uncover criminal wrongdoing. We must conduct audits, both academic and financial. We must conduct information campaigns that are designed to illuminate and expose – ‘name and shame’ – to undermine HSN and HSO members’ credibility.” The president’s cabinet can’t wait to start.
We have been here long before Trump. The Alien Enemies Act of 1798, passed by a Congress fearful that noncitizens would take the enemy’s side in a war against the French, allowed the president to deport those deemed dangerous. The accompanying Sedition Act criminalized the publication – or utterance – of “any false, scandalous, and malicious writing” against the government.
The Alien Registration Act (or Smith Act) of 1940 imposed sentences of up to 20 years for advocacy – as defined by the state – of the violent overthrow of the US government. It also required noncitizens – presumed proponents of violent overthrow – to register with the government. During the second world war, more than 5 million immigrants registered; 900,000 of them were deported as “enemy aliens”.
Unless it is repealed, no law is dead. During the cold war, the FBI deployed a 1918 immigration law to imprison and deport foreign-born anarchists, communists, union organizers and pacifists. In his last days as Senate majority leader, Chuck Schumer, weakly flogged the Antisemitism Awareness Act, again without success. In February, when the homeland security secretary, Kristi Noem, announced that the agency would require immigrants to register so it could “track … and compel them to leave the country voluntarily”, she invoked the Immigration and Nationality Act of 1952. In his inaugural address, Trump vowed to revive the Alien Enemies Act of 1798. This week, he reinstated the Muslim ban.
To be clear, the Trump administration is not interested in combating antisemitism.
Elon Musk does Nazi salutes. The Pentagon’s new deputy press secretary, Kingsley Wilson, is accused of spreading antisemitic conspiracy theories. The health and human services secretary, Robert F Kennedy Jr, has claimed that Covid-19 was “ethnically targeted” to spare Ashkenazi Jews and Chinese people. The FBI has announced it will relax investigation of neo-Nazi terrorist cells, which have been regrouping since the president’s pardon of the January 6 insurrectionists, to focus on the surveillance of leftwing organizations including Black Lives Matter and the imaginary formation it calls Antifa.
Antisemitism is the pretext for Trump’s interlocking multi-front wars on the first amendment, immigrants and higher education. Khalil is a well-known figure with good lawyers. He will hopefully be released. But his arrest is the opening act in a theatre of deportation that will become more and more real and real for unnumbered others who will disappear without petitions, support committees or press coverage.
