The arrest and looming deportation of Mahmoud Khalil, a green card holder married to an American citizen eight months pregnant, has ignited a legal and constitutional showdown, with hundreds of thousands rallying to his defense.
The Trump administration’s move to expel Khalil, now detained in Louisiana, hinges on allegations of trespassing and blocking Jewish students’ access to classes at a New York campus—actions critics say fall short of justifying deportation under current law.
Legal expert Alan Dershowitz warns this could become a landmark First Amendment case testing the limits of presidential power.
Khalil’s supporters, including students signing petitions in droves, argue his arrest tramples free speech, claiming he merely voiced anti-Israel views.
But Dershowitz notes evidence suggests he crossed into illegal territory—though no convictions for “crimes of moral turpitude” exist, a key deportation trigger under statute.
The administration cites vaguer “national security” grounds, a stance Dershowitz says courts must weigh against Congress’s legislative constraints on executive authority.
“As a matter of pure constitutional law, the president could deport anyone not in the national interest,” he explains, “but statutes limit that.”
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Whisked 1,000 miles from his home to Louisiana—likely a tactical bid for a favorable judge—Khalil awaits a ruling that could climb to the Supreme Court.
Dershowitz predicts the outcome hinges on evidence: if the government proves Khalil’s actions went beyond protected speech, it might win.
Absent that, or a criminal case in New York, where the alleged acts occurred, the deportation push could falter. “This is not a slam dunk,” Dershowitz cautions, stressing the delicate balance between Khalil’s rights and those he may have harmed.
Public sentiment leans heavily against Khalil, whose expressed views Dershowitz calls “despicable, anti-American, antisemitic, and intolerant.”
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Yet, he argues, the First Amendment doesn’t bend for majority opinion—or moral outrage. It protects even the vilest ideas, alongside Americans’ right to hear them.
As courts grapple with this clash—free speech versus security—the case could redefine executive reach over non-citizens. For now, Khalil’s fate rests on evidence, not sympathy, in a saga poised to test constitutional bedrock.
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