The Trump administration has “unconstitutionally silenced” people living in the United States from “speaking, hearing, or engaging with viewpoints critical of the U.S. government” through deportation and other means, according to a new lawsuit filed by a Cornell University professor and two students.
The lawsuit cites the detention and attempted deportation of a “pro-Palestinian” protester at Columbia University earlier this month as an example.
The American-Arab Anti-Discrimination Committee (ADC), along with co-counsel, is suing President Donald Trump and the Department of Homeland Security on behalf of the Cornell professor and two graduate students at the New York college for what they call a “campaign” waged against free speech through executive orders (EOs) issued by Trump and carried out by his administration, “particularly as it targets international students and scholars who protest or express
According to the plaintiffs, they “fear government retaliation for engaging in constitutionally protected expression critical of U.S. foreign policy and supportive of Palestinian human rights.”
This includes ceasing public interactions and isolating themselves, “fearing that their associations may draw scrutiny,” as well as various punishments, such as deportation and criminal prosecution, according to the lawsuit.
The ADC filed a complaint on Saturday, along with a motion for a temporary restraining order (TRO), to prevent the enforcement of two Trump executive orders: “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” (Executive Order 14161) and “Additional Measures to Combat Anti-Semitism” (Executive Order 14188).
“The unprecedented and sweeping character of these Orders — coupled with the threat of imminent enforcement — has unconstitutionally silenced Plaintiffs and chilled protected expression, prohibiting them from speaking, hearing, or engaging with viewpoints critical of the U.S. government or the government of Israel, under threat of criminal prosecution or deportation,” according to the ADC’s complaint.
“These Orders violate the First and Fifth Amendments of the United States Constitution and should be enjoined, at least in part. Citizens and noncitizens alike are already feeling the chilling effect.
Mahmoud Khalil, a 30-year-old Columbia University student living in the United States legally with a green card, was detained on March 8 and is now facing deportation for what Homeland Security claims is a violation of Trump’s orders, which require the removal of anyone deemed a “national security and public safety threat.”
According to a government memo obtained by NBC News, the Trump administration informed Khalil that his presence or activities in the United States would have serious adverse foreign policy consequences.
The ADC and Cornell plaintiffs suing Trump cited a statement Trump issued after Khalil’s detention on Saturday, in which he stated that others would face similar treatment for their critical views.
“This is the first of many arrests to come,” Trump stated on TruthSocial. “We know that there are more students at Columbia and other universities across the country who have participated in pro-terrorist, anti-Semitic, and anti-American activities, and the Trump administration will not tolerate it. Many are not students; rather, they are paid agitators.
“We will find, apprehend, and deport these terrorist sympathizers from our country, never to return.”
Following Khalil’s arrest, DHS officials claimed that he was detained “in support of President Trump’s executive orders prohibiting anti-Semitism.” According to the ADC’s complaint, a spokesperson for the department stated that it is “committed to enforcing President Trump’s executive orders and protecting US national security.”
The ADC complaint alleges that Momodou Taal, along with fellow graduate student Sriram Parasurama and professor Mũkoma Wa Ngũgĩ, began withdrawing from public engagement after the Orders were issued. This included canceling speaking engagements and declining invitations to public events, which were previously important for his advocacy work and professional development.
“As a result, all Plaintiffs have ceased interacting with one another in public locations,” the accusation stated. “Mr. Taal and Mr. Parasurama, a US citizen, student, and prominent participant in local campus protests in support of the Palestinian people, met on a regular basis at political meetings and demonstrations.”
They have not met in person since the Orders were issued for fear that mere association could be interpreted as ‘anti-government’ or ‘anti-Semitic.’ The resulting isolation has weakened their ability to take collective action and freely express their opinions on current political events.”
ADC officials said in statements Sunday that they believed the lawsuit was a “necessary step to preserve our most fundamental constitutional protections,” regardless of personal beliefs.
“The First Amendment guarantees the freedom of speech and expression to all persons within the United States, without exception,” stated Abed Ayoub, ADC’s national executive director.
“This is one of those moments when people will look back and wonder what we did,” said Chris Godshall-Bennett, ADC’s legal director and co-counsel. “We will not stand idly by while the government disappears its political opponents.”
