A Different Take on Grounds for Deporting Mahmoud Khalil
The deportation of Mahmoud Khalil, the Palestinian student protester at Columbia, has prompted support based on the belief that Khalil engaged in terrorism. On the other side, Khalil’s deportation is being assailed as an assault on the First Amendment because, Khalil’s supporters assert, Khalil did nothing more than engage in lawful protest. It will thus be critical to prove exactly what Khalil actually did in order to determine whether he may be deported. This is important as an example to protesters on both sides of what is and is not permissible conduct so that peaceful protesters feel secure in their First Amendment rights and those guilty of threats and intimidation are not shielded from the consequences of their conduct.
Khalil’s supporters note that he was initially taken into custody for violating his student visa when, in fact, he has a “green card,” in other words, “permanent resident” status. The significance is that student visas are subject to revocation for failing to comply with study and other requirements, whereas a permanent resident can only be deported for specified criminal acts. The government has since asserted that Khalil was allowed into the U.S. based on Khalil misrepresenting his purpose in coming.
An altogether different basis might exist for deporting Khalil–namely, participating in “terroristic threats” under New York law, but only if Khalil’s participation can be proven through admissible evidence, not mere allegation or innuendo.
“Any alien,” whether a student with a visa or a permanent resident, may be deported for specified crimes. 8 U.S.C. section 1227(a).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim
But the crime must be an “aggravated felony” or a specifically enumerated crime, including “terrorist activities . . . described in subparagraph (B) or (F) of section 1182(a)(3).” 8 U.S.C. section 1227, subd. (a)(2)(A)(iii) and (a)(4)(B).
Terrorist activities are defined in section 1182 as such things as “hijacking . . . an aircraft, vessel, or vehicle” and “seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.” U.S.C. section 1182 (a)(3)(B)(iii)(I) and (II). An alien may also be deported for being a “member of a terrorist organization” or providing “support” to one under the strict definitions set forth in the statute. Subd. (a)(3)(B)(i)(V) and (VII).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim
There has been factual proof that Khalil is guilty of such activities.
Advocates for deportation assert that Khalil lead the trespass on and vandalism of buildings at Columbia. But such crimes, if proven as felonies rather than misdemeanors, would not appear to meet the definition of an “aggravated” felony under section 1182. Neither would advocating for Hamas’ destruction of Israel appear to go beyond protected First Amendment free speech and meet the strict definitions of supporting a terrorist organization, necessary to trigger deportation.
However, pro-Palestinian protesters were filmed threatening and intimidating Jewish students and pro-Israel supporters, and, if Khalil lead or participated in these acts, he might potentially be subject to deportation for making terroristic threats under New York’s Penal Code. This might be deemed an aggravated felony under 8 U.S.C. section 1182. Under New York’s “terroristic threat” statute, Penal Code section 490.20, “A person is guilty of making a terroristic threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a reasonable expectation or fear of the imminent commission of such offense.”
https://www.nysenate.gov/legislation/laws/PEN/490.20
The crime is a class D felony, punishable by up to seven years in prison, which suggests such seriousness as to meet the requirement of an aggravated felony under 8 U.S.C. section 1182.