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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.

The post Why the Columbia Deportation Does Not Violate the First Amendment first appeared on Algemeiner.com.

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US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese

Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse

The Trump administration has imposed sweeping sanctions against Francesca Albanese, the United Nations Special Rapporteur for the Occupied Palestinian Territories, citing the UN official’s lengthy record of singling out Israel for condemnation.

In a post on X, US Secretary of State Marco Rubio announced the sanctions under a February executive order targeting those who “prompt International Criminal Court (ICC) action against U.S. and Israeli officials, companies, and executives.” He accused Albanese of waging “political and economic warfare” against both nations and asserted that “such efforts will no longer be tolerated.”

“Today I am imposing sanctions on UN Human Rights Council Special Rapporteur Francesca Albanese for her illegitimate and shameful efforts to prompt [International Criminal Court] action against U.S. and Israeli officials, companies, and executives,” Rubio announced on X/Twitter.

“Albanese’s campaign of political and economic warfare against the United States and Israel will no longer be tolerated,” declared the Trump administration’s top foreign affairs official. “We will always stand by our partners in their right to self-defense.”  

Rubio concluded: “The United States will continue to take whatever actions we deem necessary to respond to lawfare and protect our sovereignty and that of our allies.”

The decision to impose sanctions on Albanese marks an escalation in the ongoing feud between the White House and the United Nations over Israel. The Trump administration has repeatedly accused the UN and Albanese of unfairly targeting Israel and mischaracterizing the Jewish state’s conduct in Gaza. 

Albanese, an Italian lawyer and academic, has held the position of UN special rapporteur on human rights in the Palestinian territories since 2022. The position authorizes her to monitor and report on alleged “human rights violations” by Israel against Palestinians in the West Bank and Gaza. 

Last week, Albanese issued a scathing report accusing companies of helping Israel maintain a so-called “genocide economy.” She called on the companies to cut off economic ties with Israel and warned that they might be guilty of “complicity” in the so-called “genocide” in Gaza. 

Critics of Albanese have long accused her of exhibiting an excessive anti-Israel bias, calling into question her fairness and neutrality.

Albanese has an extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.

In the months following the Palestinian terrorist group’s atrocities across southern Israel on Oct. 7, 2023, Albanese accused the Jewish state of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people had been killed in the Gaza war as a result of Israeli actions. 

The action comes as Israeli Prime Minister Benjamin Netanyahu visits Washington, where he has received a warm reception from the Trump administration. Netanyahu has been meeting with US officials to discuss next steps in the ongoing Gaza military operation. 

Gideon Sa’ar, Minister of Foreign Affairs for Israel, commended the Rubio announcement with his own post on X/Twitter, exclaiming: A clear message. Time for the UN to pay attention!” 

The post US Clamps Sanctions on Israel-bashing UN Rights Monitor Albanese first appeared on Algemeiner.com.

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Hardball: Trump Administration Reports Harvard to Accreditor Over Antisemitism Allegations

US President Donald Trump speaks during a Cabinet meeting at the White House in Washington, DC, July 8, 2025. Photo: Kevin Lamarque via Reuters Connect.

The Trump administration escalated its showdown against Harvard University on Wednesday, reporting the institution to its accreditor for alleged civil rights violations resulting from its weak response to reports of antisemitic bullying, discrimination, and harassment following Hamas’ Oct. 7, 2023 massacre across southern Israel.

The US Department of Education (DOE) announced the action on Wednesday. Citing Harvard’s admitted failure to treat antisemitism as seriously as it treated others forms of hatred in the past, the DOE called on the New England Commission of Higher Education to review and, potentially, revoke its accreditation — a designation which qualifies Harvard for federal funding and attests to the quality of the educational services its provides.

“Accrediting bodies play a significant role in preserving academic integrity and a campus culture conducive to truth seeking and learning,” said Secretary of Education Linda McMahon. “Part of that is ensuring students are safe on campus and abiding by federal laws that guarantee educational opportunities to all students. By allowing anti-Semitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers.”

The DOE, McMahon added, “expects the New England Commission of Higher Education to enforce its policies and practices, and to keep the Department fully informed of its efforts to ensure that Harvard is in compliance with federal law and accreditor standards.”

As previously reported by The Algemeiner, Harvard’s Presidential Task Force on Combating Antisemitism has acknowledged that the university administration’s handling of campus antisemitism fell well below its obligations under both Title VI of the Civil Rights Act of 1964 and its own nondiscrimination policies.

In a 300-plus-page report, the task force compiled a comprehensive record of antisemitic incidents on Harvard’s campus in recent years — from the Harvard Palestine Solidarity Committee’s endorsement of the Oct. 7 terrorist atrocities to an anti-Zionist faculty group’s sharing an antisemitic cartoon depicting Jews as murderers of people of color. The report identified Harvard’s past refusal to afford Jews the same protections against discrimination enjoyed by other minority groups as a key source of its problem.

Coming several weeks after President Donald Trump ordered the freeze of $2.26 billion in federal research grants and contracts for Harvard, the task force report found it was “clear” that antisemitism and anti-Israel bias have been fomented, practiced, and tolerated not only at Harvard but also within academia more widely.”

The university is now suing the federal government over the funding halt.

President Trump has spoken scathingly of Harvard, calling it, for example, an “Anti-Semitic, Far Left Institute … with students being accepted from all over the world that want to rip our Country apart” in an April post to his Truth Social platform.

In recent weeks, however, both Trump and McMahon had commended Harvard’s constructive response in negotiations over reforms the administration has asked it to implement as a precondition for restoring federal funds. The requested reforms include hiring more conservative faculty, shuttering diversity, equity, and inclusion [DEI] programs, and slashing the size of administrative offices tangential to the university’s central educational mission.

The administration has since changed its tone in the wake of a report by The Harvard Crimson that interim Harvard President Alan Garber has said “behind closed doors” that he has no intention of doing anything that would make Harvard more palatable to conservatives.

Earlier this month, the Trump administration’s Joint Task Force to Combat Antisemitism issued Harvard a formal “notice of violation” of civil rights law. Charging that Harvard willfully exposed Jewish students to a flood of racist and antisemitic abuse both in and outside of the classroom, it threatened to strip whatever remains of Harvard’s federal funding.

“Failure to institute adequate changes immediately will result in the loss of all federal financial resources and continue to affect Harvard’s relationship with the federal government,” wrote the federal officials comprising the multiagency Task Force. “Harvard may of course continue to operate free of federal privileges, and perhaps such an opportunity will spur a commitment to excellence that will help Harvard thrive once again.”

In Wednesday’s announcement, US Department of Health and Human Services Secretary Robert F. Kennedy Jr. said Harvard’s conduct “forfeits the legitimacy that accreditation is designed to uphold.”

“HHS and Department of Education will actively hold Harvard accountable through sustained oversight until it restores public trust and ensures a campus free of discrimination,” he said.

Follow Dion J. Pierre @DionJPierre.

The post Hardball: Trump Administration Reports Harvard to Accreditor Over Antisemitism Allegations first appeared on Algemeiner.com.

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IDF Strikes Hezbollah Sites in South Lebanon as Terror Group Pushes to Rebuild Amid US Disarmament Talks

IDF operating in southern Lebanon. Photo: IDF Spokesperson

Israeli forces uncovered and destroyed Hezbollah weapons caches in southern Lebanon on Wednesday, as a new report indicated that despite ongoing U.S.-led efforts to secure a disarmament deal, the Iran-backed group is making repeated, largely concealed attempts to rebuild its military presence in the area.

Troops carried out several operations targeting Hezbollah infrastructure in southern Lebanon on Wednesday morning, destroying weapons depots, explosives and multibarrel launchers concealed in forested terrain, the IDF said, in violation of the November ceasefire, which requires Hezbollah to withdraw its forces 20 miles from the Israeli border.

A new report released this week by the Alma Research and Education Center found that Hezbollah is focused on rebuilding in three areas: operational deployment, weapons acquisition, and financial recovery. 

“Hezbollah didn’t give up its resistance narrative and motivation,” Alma’s director, Lt. Col. (Res.) Sarit Zehavi, told The Algemeiner

“It wants to rebuild its capabilities and infrastructures, whether it’s the villages that will be used as human shields or the military infrastructure in South Lebanon and in Lebanon in general.”

According to Zehavi, Hezbollah is attempting to return Radwan fighters to positions south of the Litani River as part of a wider plan to restore its elite forces to operational readiness. The IDF on Monday killed Radwan commander Ali Abd al-Hassan Haidar in a targeted strike. The action came hours after US Special Envoy for Syria Thomas Barrack met with Lebanese President Joseph Aoun, Prime Minister Nawaf Salam and Parliament Speaker Nabih Berri in Beirut to discuss a long-term deal that would include an Israeli withdrawal and complete disarmament of Hezbollah.

Barrack described the Lebanese response to the proposal as positive. Later, he issued a blunt warning to Hezbollah in response to a vow by the terror group’s leader, Naim Qassem, not to lay down its arms. “If they mess with us anywhere in the world, they will have a serious problem with us,” Barrack said in an interview with Lebanese news network LBCI. “They don’t want that.” 

Zehavi said it was premature to predict the outcome of the diplomatic efforts. She warned that the challenge of disarming Hezbollah remains enormous and emphasized that the Lebanese Armed Forces have not demonstrated the capability or willingness to confront the group.

“It’s too soon to be optimistic or pessimistic,” she said, noting that no firm commitments have emerged from the Beirut talks. 

Hezbollah’s efforts to smuggle and manufacture weapons have been complicated by both Israeli strikes and the regional realignment over recent months. While Israeli strikes have disrupted many supply routes, according to Zehavi, Syrian authorities have intercepted far more Hezbollah-bound weapons than the Lebanese Army, which claims to have uncovered 500 arms caches but has provided no evidence.

The financial front marks the third aspect of Hezbollah’s rebuilding effort. Last week, the group halted cash payments to Shiite civilians whose homes were damaged in the war, citing liquidity problems. Zehavi attributed the shortfall to disruptions in Iran’s funding networks — an outcome of the 12-day war against the regime in Tehran — and said the constraints would likely hamper Hezbollah’s ability to compensate its base and sustain operations. 

“I hope they will continue to have problems with the cash flow, that way it will be very difficult for them to recover,” she said.

The post IDF Strikes Hezbollah Sites in South Lebanon as Terror Group Pushes to Rebuild Amid US Disarmament Talks first appeared on Algemeiner.com.

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