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Home»Opinions»Contributor: Deporting Mahmoud Khalil would not be illegal
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Contributor: Deporting Mahmoud Khalil would not be illegal

DaneBy DaneMarch 14, 2025No Comments6 Mins Read
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Contributor: Deporting Mahmoud Khalil would not be illegal
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The inventory market of late has been on a veritable curler coaster, the so-called Division of Authorities Effectivity continues to ruffle feathers, Iran marches ever nearer to a nuclear weapon and Russia and Ukraine are getting tantalizingly near a cease-fire. However the nationwide political dialog this week has curiously tended to focus not on any of that, however as a substitute on protests over the unsure destiny of a lone noncitizen and former Columbia College graduate pupil, Mahmoud Khalil.

Speak about a misplacement of priorities. Most American media shoppers care an incredible deal about their pocketbooks and retirement accounts. They most likely additionally care about stability on the world stage — a subdued China, a comparatively calm Center East and a long-overdue peace deal to finish the bloodshed in Japanese Europe.

Against this, right here is one factor media shoppers most likely don’t care quite a bit about: Whether or not a Syrian nationwide and Algerian citizen who was the face of final yr’s pro-Hamas Columbia College campus riots will get deported. Is it any surprise that solely 31% of Individuals advised Gallup within the fall that they’ve a “nice deal” or “honest quantity” of confidence within the media?

By any metric, Khalil is a wildly unsympathetic determine. The New York Occasions described him because the “public face of protest in opposition to Israel” at Columbia. He acted because the lead negotiator for a pro-Hamas pupil group referred to as Columbia College Apartheid Divest, which has referred to Hamas’ Oct. 7, 2023, slaughter of Israelis as a “ethical, navy, and political victory” and asserted that it’s combating for nothing lower than “the overall eradication of Western civilization.”

Much more related, Khalil just isn’t a U.S. citizen. He’s a inexperienced card holder, a “authorized alien.” And he can stay on our soil solely when the sovereign — within the U.S., that’s “We the Individuals” — consents to it. Once we take away our consent, that particular person may be deported.

The facility to exclude is a defining characteristic of what it means to be a sovereign. Emer de Vattel’s extremely influential 1758 treatise, “The Regulation of Nations,” described this energy as plenary: “The sovereign could forbid the doorway of his territory both to foreigners normally, or particularly circumstances, or to sure individuals, or for sure specific functions, in accordance as he might imagine it advantageous to the state.” And because the late Supreme Courtroom Justice Antonin Scalia famous in a quotation in a 2001 dissent, “Due course of doesn’t make investments any alien with a proper to enter the USA, nor confer on these admitted the best to stay in opposition to the nationwide will.”

It’s fairly easy, actually: If somebody within the U.S. on a vacationer visa or in possession of a inexperienced card violates the phrases of his admission, he may be eliminated. That brings us again to Khalil — a international nationwide who allegedly violated the phrases of his sojourn by supporting a minimum of one U.S. State Division-designated international terrorist group, and by making frequent trigger with a corporation clamoring extra usually for the tip of Western civilization. The day the USA loses the flexibility to deport noncitizens who espouse such poisonous beliefs is the day the USA ceases to be a sovereign nation-state.

The Khalil saga is the place we see the intersection of the three poisonous anti-Western ideologies. First, there’s the “woke” angle: Khalil represented CUAD, which espouses a neo-Marxist oppressor/oppressed dichotomy, and its view of Israel as an “oppressor” underlies Khalil’s repugnant activism. Second, there’s the Islamist angle: CUAD helps Sunni Islamist outfits akin to Hamas. Third, there’s the worldwide neoliberal angle: These protesting Khalil’s detention see little distinction between citizen and noncitizen — as in John Lennon’s dystopian tune “Think about,” they envision a borderless world.

Khalil’s arrest and detention are thus solely partially about Khalil. On Monday, the official X account for the U.S. Senate Judiciary Committee Democrats posted, alongside a corresponding picture, “Free Mahmoud Khalil.” But when these Senate Democrats and Khalil’s myriad different apologists are being sincere, they search not merely to “free” Khalil from President Trump’s Immigration and Customs Enforcement company. Moderately, they search to free him — and all of us — from the shackles of Western civilization itself.

Josh Hammer’s newest e book is “Israel and Civilization: The Destiny of the Jewish Nation and the Future of the West.” This text was produced in collaboration with Creators Syndicate. @josh_hammer

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Concepts expressed within the piece

  • The article argues Mahmoud Khalil’s deportation is lawful as a result of he’s a non-citizen inexperienced card holder, and sovereign nations retain the best to revoke residency with out full due course of[1].
  • It claims Khalil violated the phrases of his residency by supporting Hamas, a delegated terrorist group, and main protests that celebrated Hamas’ 2023 assault on Israel as a “ethical victory”[1].
  • Sovereignty is framed as absolute, citing authorized precedent that non-citizens lack constitutional protections in opposition to deportation, no matter marital ties to U.S. residents[1].
  • Critics of Khalil’s detention are portrayed as opposing Western civilization itself, along with his activism linked to “poisonous” ideologies like Marxism, Islamism, and globalism[1].

Completely different views on the subject

  • Authorized consultants assert the federal government should nonetheless comply with due course of, together with discover of fees and a court docket listening to, even when invoking nationwide safety statutes[1][2]. A federal choose has briefly blocked Khalil’s deportation pending constitutional evaluate[2][3].
  • Immigration attorneys argue Khalil’s case is unprecedented, as deportation sometimes requires legal convictions moderately than unproven allegations tied to political speech[1][3]. The federal government has not publicly substantiated claims of Hamas ties[3].
  • Shifting Khalil to a Louisiana detention heart has raised considerations about restricted authorized entry and procedural equity, with critics calling it a tactic to isolate him from supporters and counsel[2][3].
  • Advocates warn the case may set a harmful precedent for deporting lawful residents primarily based on political opinions, eroding civil liberties for residents and non-citizens alike[3].

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