Tag: arrest

  • FIRE demands answers from Trump admin officials on arrest of Mahmoud Khalil

    FIRE demands answers from Trump admin officials on arrest of Mahmoud Khalil

    FIRE Letter to Trump Administration Officials on Detention of Mahmoud Khalil

    March 10, 2025

    The Honorable Marco Rubio
    Secretary of State
    U.S. Department of State
    2201 C St., NW
    Washington, DC 20520

    The Honorable Kristi Noem
    Secretary of Homeland Security
    U.S. Department of Homeland Security
    Office of the Executive Secretary 
    Mail Stop 0525  
    Washington, DC 20528 

    The Honorable Pamela Bondi
    Attorney General
    U.S. Department of Justice
    950 Pennsylvania Ave, NW
    Washington, DC 20530

    Mr. Todd Lyons
    Acting Director, ICE Leadership
    U.S. Immigration and Customs Enforcement
    500 12th St., SW 
    Washington, DC 20536

    Dear Secretary Rubio, Attorney General Bondi, Secretary Noem, and Acting Director Lyons:

    On March 8, agents from the Department of Homeland Security arrested Mahmoud Khalil, a lawful permanent resident of the United States who has been involved in activism related to the current conflict in Gaza.[1] According to Mr. Khalil’s attorney, the agents who arrested him initially said his visa had been revoked.[2] Upon being informed that Mr. Khalil is a lawful permanent resident, whose status therefore cannot be revoked by unilateral DHS action, the agents arrested him anyway. When Mr. Khalil’s attorney asked to see a warrant for his arrest, DHS declined to produce one.[3] As of this writing, Mr. Khalil remains in DHS detention.

    Mr. Khalil recently received a graduate degree from Columbia University, where he has participated in student protests intended to express opposition to policies of the U.S. and Israeli governments. On March 9, DHS stated that Mr. Khalil’s arrest was made “in support of President Trump’s executive orders prohibiting anti-Semitism,” and that “Khalil led activities aligned to Hamas, a designated terrorist organization.”[4] Secretary Rubio, alluding to Mr. Khalil’s arrest, stated, “We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”[5] On March 10, President Trump remarked on Mr. Khalil’s arrest, noting that the government intends to seek removal of any foreign students who engage in “pro-terrorist, anti-Semitic, anti-American activity.”[6]

    Demonstrations occurring on Columbia’s campus since Oct. 7, 2023, have included both constitutionally protected speech and unlawful conduct, but the government has not made clear the factual or legal basis for Mr. Khalil’s arrest. The statements the government has released suggest its decision may be based on his constitutionally protected speech. This lack of clarity is chilling protected expression, as other permanent residents cannot know whether their lawful speech could be deemed to “align to” a terrorist organization and jeopardize their immigration status.

    The federal government must not use immigration enforcement to punish and filter out ideas disfavored by the administration. It must also afford due process to anyone facing arrest and detention, and must be clear and transparent about the basis for its actions, to avoid chilling protected speech. To that end, we request answers to the following questions: 

    • What was the specific legal and factual basis for Mr. Khalil’s arrest on March 8?
    • What is the specific legal and factual basis for Mr. Khalil’s detention?
    • What is the specific legal and factual basis on which you are seeking revocation of Mr. Khalil’s green card?
    • Will Mr. Khalil be afforded the due process protections required by U.S. law?
    • Is it your intention to seek the revocation of lawful immigration status on the basis of speech protected by the First Amendment?[7]

    We request a substantive response to this letter no later than close of business on Tuesday, March 11, 2025. Any delay in resolving these questions risks further chilling protected speech.

    Sincerely,

    Carolyn Iodice
    Legislative and Policy Director
    Foundation for Individual Rights and Expression

    Notes

    [1] Ginger Adams Otis, ICE Arrests Columbia Student Who Helped Lead Pro-Palestinian Protests, Wall St. J. (March 9, 2025, 10:07 pm), https://www.wsj.com/us-news/education/dhs-detains-columbia-student-who-helped-lead-pro-palestinian-protests-fbbd8196.

    [2] Eliza Shapiro, Immigration Authorities Arrest Pro-Palestinian Activist at Columbia, N.Y. Times (March 9, 2025), https://www.nytimes.com/2025/03/09/nyregion/ice-arrests-palestinian-activist-columbia-protests.html.

    [3] Canada’s New Leader, ICE Arrest Columbia Student, Congress and The Budget, NPR (March 10, 2025, 6:05 AM), https://www.npr.org/transcripts/1237260282.

    [4] Homeland Security (@DHSgov), X (March 9, 2025, 9:29PM), https://x.com/DHSgov/status/1898908955675357314.

    [5] Marco Rubio (@marcorubio), X (March 9, 6:10PM), https://x.com/marcorubio/status/1898858967532441945.

    [6] Donald Trump (@realDonaldTrump), Truth Social (March 10, 2025, 1:05PM), https://truthsocial.com/@realDonaldTrump/posts/114139222625284782.

    [7] Note there is no categorical exception to the First Amendment for speech that “aligns to” or even expresses explicit support for a foreign terrorist organization.

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  • VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    SAN FRANCISCO, Dec. 19, 2024 — A federal court, acting on a stipulation agreed to by the California attorney general and San Francisco city attorney, today halted enforcement of a California law that officials deployed to suppress journalism about a controversial tech CEO’s sealed arrest records. 

    Under the law, any person — including journalists, advocates, witnesses, and victims of crimes — faced a civil penalty of up to $2,500 for sharing public information. The court order results from a First Amendment lawsuit filed by the Foundation for Individual Rights and Expression in November, which led the California attorney general and San Francisco city attorney to agree not to enforce the law while the lawsuit is pending.

    “The press and public have a constitutional right to discuss what’s publicly known,” said FIRE attorney Adam Steinbaugh. “Government officials can’t punish the press and public when officials fail to safeguard information. That responsibility starts and ends with the government.”

    In October 2023, journalist Jack Poulson published articles about a controversial tech CEO’s arrest, sharing a copy of the arrest report sent to him by an unidentified source. The San Francisco Police Department had previously made that report public, even though the executive had successfully petitioned a state court to seal the record. 

    Almost a year after Poulson published the report, the city attorney of San Francisco — working with the tech executive — sent three letters to Poulson and his webhost, Substack, demanding they remove articles and the sealed report. Those letters threatened enforcement of California’s anti-dissemination statute, Penal Code § 851.92(c). The law imposes a civil penalty of up to $2,500 on any person (except the government officials charged with maintaining the secrecy of sealed records) who shares a sealed arrest report or any information “relating to” the report — even if the information is already publicly available.

    Concerned by the implications of the statute, FIRE sued the San Francisco city attorney and the California attorney general on behalf of the Bay Area-based First Amendment Coalition, its Director of Advocacy Ginny LaRoe, and legal commentator Eugene Volokh. Each regularly comments on censorship campaigns precisely like the one the tech CEO and city attorney launched against Paulson and Substack. But the anti-dissemination statute prohibited them from covering the CEO story, even though the information has been publicly available for over a year.

    Today, the court entered a preliminary injunction agreed to by both California and the city attorney that prohibits them from enforcing the law with respect to publicly available information. 

    The preliminary injunction protects not only FAC and Volokh, but anyone — including journalists like Poulson — who publishes information made available to the public. 

    “Discussing and sharing lawfully obtained information about arrests is not a crime — it’s a core First Amendment right,” said FIRE Staff Attorney Zach Silver. “The rich and powerful shouldn’t have the luxury of deploying the government to put their skeletons back in the closet. By standing up for their own rights, the First Amendment Coalition and Eugene Volokh have helped to protect others from facing legal action under California’s anti-dissemination law.”

    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Jack Whitten, Communications Campaign Specialist, FIRE: 215-717-3473; [email protected]

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