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Why the Columbia Deportation Does Not Violate the First Amendment
A pro-Hamas demonstrator uses a megaphone at Columbia University, on the one-year anniversary of Hamas’s Oct. 7 attack, amid the ongoing Israel-Hamas conflict, in New York City, US, Oct. 7, 2024. Photo: REUTERS/Mike Segar
Mahmoud Khalil was arrested this week, pending deportation from the United States. A US legal permanent resident (a “green card” holder), Khalil is a former student, and current activist, at Columbia University. Khalil’s supporters argue that he was engaging in his Constitutionally protected right to free speech. However, despite the noise, this question is actually not controversial: under US law, the terms of his visa, and a long history of Supreme Court cases, Khalil does not have the right to advocate on behalf of the Hamas terror organization on US soil.
White House Press Secretary Karoline Leavitt explained, “Khalil … was given the privilege of coming to this country to study at one of our nation’s finest universities … and he took advantage of that opportunity, of that privilege, by siding with terrorists.” Khalil’s deportation has been temporarily blocked by a New York Federal court as his lawyers argue that he has been unfairly targeted for exercising his First Amendment rights to free speech.
Can legal aliens support terror organizations?
In a word, no.
Khalil is a senior activist in the Columbia University Apartheid Divest (“CUAD”) organization, having acted as their lead negotiator with campus officials and having represented the group numerous times in media interviews, including on the Arab language Quds News Network.
Khalil’s organization describes Hamas and Hezbollah as fighting “heroically” against the IDF, and praised the October 7 massacre as “[Hamas leader Yahiyha] Sinwar’s crowning achievement,” adding that “Al-Aqsa Flood [the October 7 massacre] was the very essence of what it is to resist.” Numerous other examples can be found on CUAD’s Substack page.
Visas to the United States, including legal permanent residency (a “green card”) are governed by the Immigration and Nationality Act (the “INA”). Sections § 237(a)(4) (8), § 1227(a)(4)) and 1182(a)(3) set out the reasons why an alien may be deportable, including if he or she, “is a representative … of a political, social, or other group that endorses or espouses terrorist activity” or “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.”
In this case, there is no question that the October 7 massacre constitutes “terror activity.” Though we have written this numerous times in the past, it bears repeating: October 7, 2023 saw the largest murder of Jews since the Holocaust as the Hamas terror organization, along with Palestinian civilians and UN staff, invaded Israel, killed over 1,200 and took 251 hostage, all while committing mass torture and mass rape.
It is undeniable from its public statements that the CUAD organization “endorses or espouses” the October 7 massacre as well as the US- designated Hamas terror organization. It is also clear that Khalil is “a representative” of CUAD, which violates the INA. Moreover, through his activist activities, Khalil “persuades others to endorse or espouse terrorist activity” which is a further violation of the INA.
What about the First Amendment and free speech?
This is not a new question, in fact there is a long history of caselaw before the United States Supreme Court, on this very question. The Court has consistently supported the authority of the Executive Branch to revoke visas for violations of the INA, notwithstanding questions of free speech. The following are just two of many examples:
The case of Harisiades v. Shaughnessy (1952) involved the deportation of a legal permanent resident due to membership in the Communist Party. The United States Supreme Court ruled that power to deport aliens is inherent in every sovereign state, that aliens are equal to full US citizens in some, but not all, respects, and that in any case, the First Amendment does not protect calls for violence.
In Reno v. American-Arab Anti-Discrimination Committee (1999), members of the US designated terror organization “PFLP” (Popular Front for the Liberation of Palestine) were arrested pending deportation. The defendants claimed that they were unfairly targeted for exercising their First Amendment rights to free speech. However, the United States Supreme Court ruled that the defendants were not unfairly targeted, and that US Federal Courts do not have authority to overrule a White House decision in this matter.
Both statutory and case law are clear: the terms of a US visa do not allow an alien to support or endorse terrorism. Furthermore, a long history of US Supreme Court cases confirm that visa holders do not have a First Amendment right to violate the terms of their visa.
Khalil caused significant harm to Jewish students on Columbia’s campus, and to Americans in general, through his support for some of the most horrific terrorism of the modern age: all while he was a guest in the United States of America. A visa is a special permission to visit a country on certain very specific terms. Endorsing terrorism violates those terms, and nothing in American law, including the First Amendment, overrides this fundamental principle.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
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Brooklyn Nets Select Israeli Basketball Players Ben Saraf, Danny Wolf in NBA Draft
The opening tip between the Brooklyn Nets and Washington Wizards, at Barclays Center, in Brooklyn, New York, Dec. 13, 2020. Photo: Wendell Cruz-USA TODAY Sports via Reuters Connect
In a landmark night for Israeli basketball, Ben Saraf and Danny Wolf were selected in the first round of the 2025 NBA Draft by the Brooklyn Nets, marking the first time two Israeli players have been drafted in the same year.
Saraf, a 19-year-old guard known for his explosive athleticism and creative playmaking, was taken with the 26th pick. A standout with Maccabi Rishon LeZion and a rising star on Israel’s youth national teams, Saraf gained international attention with his electrifying scoring and commanding court presence.
With the 27th pick, the Nets selected 7-foot center Danny Wolf out of the University of Michigan. Wolf, who holds dual US-Israeli citizenship and represented Israel at the U-20 level, brings a versatile skill set, including sharp passing, perimeter shooting, and a strong feel for the game. After his name was called, Wolf grew emotional in an on-air interview, crediting his family for helping him reach the moment.
“I have the two greatest brothers in the world; I have an unbelievable sister who I love,” Wolf said. “They all helped me get to where I am today, and they’re going to help me get to where I am going to go in this league.”
The historic double-pick adds to the growing wave of Israeli presence on the NBA stage, led by Portland Trail Blazers forward Deni Avdija, who just completed a breakout 2024–25 season. After being traded to Portland last summer, Avdija thrived as a starter, averaging 16.9 points, 7.2 rebounds, and 3.8 assists. In March alone, he posted 23.4 points, 9.8 rebounds, and 5.2 assists per game, including two triple-doubles.
“I don’t think I’ve played like this before … I knew I had it in me. But I’m not really thinking about it. I’m just playing. I’m just free,” Avdija told reporters in March
With Saraf and Wolf joining Avdija, Israel’s basketball pipeline has reached unprecedented visibility. Israeli President Isaac Herzog called the moment “a national celebration for sports and youth,” and Israeli sports commentators widely hailed the night as “historic.”
Both Saraf and Wolf are expected to suit up for the Nets’ Summer League team in July. As the two rookies begin their NBA journey, they join a growing generation of Israeli athletes proving that their game belongs on basketball’s biggest stage.
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Iran Denies Any Meeting With US Next Week, Foreign Minister Says
Iran’s Foreign Minister Abbas Araqchi attends a press conference following a meeting with Russia’s Foreign Minister Sergei Lavrov in Moscow, Russia, April 18, 2025. Photo: Tatyana Makeyeva/Pool via REUTERS
Iran currently has no plan to meet with the United States, Foreign Minister Abbas Araqchi said on Thursday in an interview on state TV, contradicting US President Donald Trump’s statement that Washington planned to have talks with Iran next week.
The Iranian foreign minister said Tehran was assessing whether talks with the US were in its interest, following five previous rounds of negotiations that were cut short by Israel and the US attacking Iran’s nuclear facilities.
The US and Israel said the strikes were meant to curb Iran’s ability to create nuclear weapons, while Iran says its nuclear program is solely geared toward civilian use.
Araqchi said the damages to nuclear sites “were not little” and that relevant authorities were figuring out the new realities of Iran’s nuclear program, which he said would inform Iran’s future diplomatic stance.
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Ireland Becomes First European Nation to Advance Ban on Trade With Israeli Settlements
A pro-Hamas demonstration in Ireland led by nationalist party Sinn Fein. Photo: Reuters/Clodagh Kilcoyne
Ireland has become the first European nation to push forward legislation banning trade with Israeli communities in the West Bank and East Jerusalem — an effort officials say is meant “to address the horrifying situation” in the Gaza Strip.
On Wednesday, Irish Foreign Affairs and Trade Minister Simon Harris announced that the legislation has already been approved by the government and will now move to the parliamentary Committee on Foreign Affairs and Trade for pre-legislative scrutiny.
“Ireland is speaking up and speaking out against the genocidal activity in Gaza,” Harris said during a press conference.
The Irish diplomat also told reporters he hopes the “real benefit” of the legislation will be to encourage other countries to follow suit, “because it is important that every country uses every lever at its disposal.”
Today Ireland becomes the first country in Europe to bring forward legislation to ban trade with the Occupied Palestinian Territories.
Ireland is speaking up and speaking out against the genocidal activity in Gaza.
Every country must pull every lever at its disposal. pic.twitter.com/Z4RTjqntEY— Simon Harris TD (@SimonHarrisTD) June 24, 2025
Joining a growing number of EU member states aiming to curb Israel’s defensive campaign against the Palestinian terrorist group Hamas, Ireland’s decision comes after a 2024 advisory opinion by the International Court of Justice (ICJ) declared Israel’s presence in the West Bank and East Jerusalem illegal.
The ICJ ruled that third countries must avoid trade or investment that supports “the illegal situation in the Occupied Palestinian Territory.”
Once implemented, the law will criminalize the importation of goods from Israeli settlements into Ireland, empowering customs officials to inspect, seize, and confiscate any such shipments.
“The situation in Palestine remains a matter of deep public concern,” Harris said. “I have made it consistently clear that this government will use all levers at its disposal to address the horrifying situation on the ground and to contribute to long-term efforts to achieve a sustainable peace on the basis of the two-state solution.”
“Israeli settlements in the Occupied Palestinian Territory are illegal and threaten the viability of the two-state solution,” the Irish diplomat continued. “This is the longstanding position of the European Union and our international partners. Furthermore, this is the clear position under international law.”
Harris also urged the EU to comply with the ICJ’s ruling by taking a more decisive and “adequate response” regarding imports from Israeli settlements.
“This is an issue that I will continue to press at EU level, and I reiterated my call for concrete proposals from the European Commission at the Foreign Affairs Council this week,” he said.
Last week, Ireland and eight other EU member states — Finland, Belgium, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden — called on the European Commission to draft proposals for how EU countries can halt trade and imports with Israeli settlements, in line with obligations set out by the ICJ.
Israeli Foreign Minister Gideon Saar condemned the latest move by European countries, calling it “shameful” and a misguided attempt to undermine Israel while it faces “existential” threats from Iran and its proxies, including Hamas.
“It is regrettable that even when Israel is fighting an existential threat which is in Europe’s vital interest — there are those who can’t resist their anti-Israeli obsession,” the top Israeli diplomat said in a post on X.
It is regrettable that even when Israel fighting an existential threat which is in Europe vital interest – there are those who can’t resist their anti-Israeli obsession.
Shameful! https://t.co/lxm9qm8sM1— Gideon Sa’ar | גדעון סער (@gidonsaar) June 19, 2025
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