Can the government deport a legal resident solely for campus protests, or does the First Amendment protect noncitizens from removal?

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No. The government cannot lawfully deport a legal permanent resident solely for peaceful campus protest if the conduct is protected by the First Amendment. But immigration law gives the executive broad removal powers, and the Supreme Court has not yet given a definitive ruling on how far those powers can reach when speech is the basis for deportation. Courts have long recognized that noncitizens inside the United States, including green-card holders and student visa holders, generally have First Amendment protections. Supreme Court precedent such as *Bridges v. Wixon* and lower-court rulings have said resident noncitizens are protected against government retaliation for protected speech. Several recent federal judges have gone further, saying the government cannot use immigration statutes to punish criticism of Israel or participation in protests. The administration relies on an Immigration and Nationality Act provision allowing removal when the secretary of state personally determines a person’s presence could harm a compelling U.S. foreign-policy interest. Khalil’s lawyers argue that using that law against protest activity is unconstitutional viewpoint discrimination and retaliation for protected expression. The unresolved issue is not only free speech but also procedure. Some appeals courts have said challenges like Khalil’s must go through immigration courts first, while others have allowed federal district judges to hear habeas and constitutional claims and even order r…

Mahmoud Khalil Appeals Deportation to Supreme Court as Trump Targets Campus Protests

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Mahmoud Khalil Appeals Deportation to Supreme Court as Trump Targets Campus Protests

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