The case of Mahmoud Khalil, 29, a Columbia University graduate and green card holder arrested on Saturday, has swiftly become a legal and political flashpoint in the United States.
On Monday, a federal judge temporarily blocked Khalil's deportation, ordering that he remain in the country as the court weighs a challenge to his arrest. And on Wednesday, the court ordered authorities to let his lawyers contact him while a government lawyer requested the court to move the legal fight to New Jersey or Louisiana where Khalil is detained.
The court stay offers Khalil a brief reprieve, but legal experts warn the government's case — and the broader crackdown it signals — raises questions about free speech.
Ron Kuby, a prominent civil rights lawyer, believes the White House's handling of Khalil's case represents a dangerous legal overreach.
"What I think happened here — although I can't be certain — is that the White House obtained information about him being in the country on a student visa and, based on that, directed US Immigration and Customs Enforcement (ICE) to arrest him, without realising he was actually a green card holder," Kuby said.
"Once they learned about his status, instead of admitting the mistake, they doubled down on the legal theory of revoking his green card, claiming he had committed a crime — which isn't the case here."
Khalil was arrested at his New York apartment by ICE officers. His lawyer, Amy Greer, says he was not presented with any criminal charges, only informed that his visa was being revoked. The Department of Homeland Security (DHS) later alleged Khalil's involvement in "activities aligned with Hamas," but provided no supporting evidence.
Kuby stressed the gravity of the government's actions.
"The removal of a green card is a rare and serious matter. It poses a significant challenge to foreign policy and national security," he said.
"This is almost certainly unlawful. It violates basic First Amendment principles. The most fundamental of those principles is that the government cannot grant or take something away from you based on the viewpoint you express."
Legal observers believe the broader battle — over whether the government can weaponise immigration laws to suppress political expression — has only just begun.
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'Without due process'
Melissa Price, an immigration attorney based in California, echoed that concern.
"We've seen these laws being applied broadly in ways that go beyond actual criminal behaviour," she said. "The real risk is that it creates a chilling effect on political expression — particularly for non-citizens."
Kuby was even more direct.
"The American people need to be reminded that these protections apply equally to citizens and non-citizens. The right-wing notion that non-citizens have no rights is dangerous nonsense. Even if someone is in the country unlawfully, they still have rights. You cannot just deport someone without due process."
The Trump administration, however, has framed Khalil's arrest as a national security matter. The DHS said Khalil was arrested on March 9 "in support of President Trump's executive orders prohibiting anti-Semitism," in coordination with the State Department.
Kuby dismissed the administration's justification as legally unsound.
"There is no precedent for what was done here. The president does not cancel or revoke green cards — that must be done, if at all, by an administrative judge following due process. None of this has precedent, and I believe all of it will ultimately be found illegal."
'Freedoms of speech and assembly'
Legal scholars have pointed to past cases where the Supreme Court intervened to define freedoms for "all men" despite the government’s broad power over immigration. The US Constitution declares that the sacred freedoms of speech and assembly belong not just to citizens but to "all men"— every human soul.
In the ruling of Shaughnessy v. United States (1952), the Supreme Court proclaimed that once an alien steps lawfully onto this soil and takes root, they are cloaked in the full armour of constitutional rights, a shield granted to every being within America’s borders.
Daniel Hurst, a constitutional law expert, warned that Khalil's case could have far-reaching implications. "What the government is attempting to do here is create a backdoor to penalise political expression," Hurst said.
"If they succeed in removing Khalil, it could open the door to the deportation of any immigrant who voices political opposition to US policy — particularly on contentious issues like Gaza."
Khalil's arrest has sparked protests, with students expressing concerns that the crackdown could broaden.
The Trump administration has signalled it will take punitive action against universities where anti-Gaza genocide protests have erupted, and on Sunday, Secretary of State Marco Rubio posted on X that more arrests were coming. "We will remove Hamas supporters from America," Rubio wrote.
'Sending a message' to students
Kuby warned that statements like these reflect a broader strategy.
"For example, if a group of Ukrainian students here on visas wanted to protest against Russia, would they also be at risk? If they asked me for advice, I'd have to warn them to be very careful because opposing US foreign policy now carries consequences."
Further complicating matters is the Trump administration's ongoing clampdown on universities. The United States Department of Education has issued formal warnings to over 60 colleges and universities, accusing them of allowing anti-Semitic behaviour on campus.
Columbia University, in particular, has already seen its federal funding suspended after weeks of protests against Israel's war in Gaza. Critics argue that the government is using these measures to stifle free expression.
Kuby said targeting green card holders like Khalil is part of that same clampdown.
"Whether the administration succeeds or not, they have already done what they intended: sending a message that will silence foreign students — except those who align with US foreign policy."
