Liberals, Don't Lose Faith in the First Amendment

NEW YORK, NY – Today, to bring recent Columbia graduate student, activist, soon-to-be father, and legal permanent resident Mahmoud Khalil home to his wife, Dr. Noor Abdalla, who is eight months pregnant, as soon as possible, his legal team filed a preliminary injunction motion with the federal court in the Southern District of New York asking for his immediate release. The injunction also asks the Court to block the Trump administration’s new policy of using the vague, rarely-used provision of the 1953 Immigration and Nationality Act — the “foreign policy bar” — to arrest and detain noncitizens who engage in protest or advocacy in support of Palestine. On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his expectant wife and legal counsel. Following Mr. Khalil’s illegal arrest, a team of lawyers, including Amy Greer from Dratel & Lewis, the Center for Constitutional Rights, and CLEAR, represented him in emergency filings, resulting in a court order to ensure Mr. Khalil would not be deported as his case proceeded. Shortly after, the New York Civil Liberties Union (NYCLU) and American Civil Liberties Union (ACLU) joined his legal team and filed an amended petition, arguing that his detention violates his constitutional rights, including free speech and due process, and goes beyond the government’s legal authority. Along with today’s preliminary injunction filing, the team also filed two other briefs regarding jurisdictional issues pending in the case. On March 15, Mr. Khalil’s legal team filed an emergency bail motion together with letters of support from members of the Columbia community and friends, as well as medical letters related to the impact of his detention on his wife Dr. Noor Abdalla’s pregnancy. All case materials can be viewed here. In response to today’s preliminary injunction filing, Mr. Khalil’s legal team released the following statements: Brian Hauss, senior staff attorney at the American Civil Liberties Union: “No president can be allowed to set an ideological litmus test and exclude or remove people from our country with whom they disagree. We will not stop fighting until Mr. Khalil is free to return to his family, and until we know that the government will not use this archaic law against anyone else who dares to dissent.” Samah Sisay, Staff Attorney at the Center for Constitutional Rights: “As a result of the federal government’s unlawful decision to detain and transfer Mahmoud Khalil to Louisiana in retaliation for his support for Palestinian rights, he faces the loss of his freedom, a profound silencing of his speech, lack of meaningful access to legal counsel, separation from his pregnant U.S. citizen wife, and the prospect of missing the birth of his first child. We filed an emergency bail motion because these extraordinary circumstances require Mr. Khalil’s release – and the Court has inherent authority to release him and send him home.” Donna Lieberman, executive director of the New York Civil Liberties Union: “Forcing Mahmoud Khalil — a legal permanent resident who has not been accused of committing a single crime — to remain in detention during the birth of his first child is unconscionable. Protesting a war or criticizing foreign policy is neither illegal, nor grounds for detention. The Trump administration has no right to incarcerate Mr. Khalil — this is an extreme, retaliatory, and targeted attack on the First Amendment and his right to due process. We ask the Court to recognize the urgency of this moment, and let Mr. Khalil go home to his expectant wife in New York.” Amy Greer, associate attorney with Dratel & Lewis: “In addition to its attempt to suppress Mahmoud’s speech by cruelly and unlawfully ripping him away from family and friends, the federal government endeavors to scare those in movement with Mahmoud so they stop exercising their rights to speech, expression, and association. The suite of actions taken by the incredible lawyers and organizations included here defend not only the constitutional rights of Mahmoud, but also the rights of thousands of students and millions of people around the country who are raising their voices alongside Mahmoud’s. We do this work because it is what our Nation’s Constitution demands, and we do this work in solidarity with those brave enough to continue exercising their constitutionally protected rights even as this government attempts to silence them.”

NEW YORK — In a fight to get recent Columbia graduate student Mahmoud Khalil back to his family, his legal team filed an amended habeas petition and complaint with the federal court in the Southern District of New York, challenging his detention by ICE. Last Saturday, the Trump administration illegally arrested and detained Mahmoud Khalil, a lawful permanent resident, in direct retaliation for his advocacy in support of Palestinian rights. Secretary of State Marco Rubio invoked a vague and rarely-used provision of the Immigration and Nationality Act that says the government may deport people if there are “reasonable grounds” to believe their presence in the country “would have potentially serious adverse foreign policy consequences for the United States.” The White House has stated that it seeks to revoke Mr. Khalil’s green card because he organized group protests and served as the lead negotiator of the Gaza solidarity encampments at Columbia. He has not been charged with or accused of any crime, as the Trump administration has freely admitted. A team of lawyers, including Amy Greer from Dratel & Lewis, the Center for Constitutional Rights, and CLEAR represented him in emergency filings over the weekend, resulting in a court order to ensure Mr. Khalil would not be deported as his case proceeded. Shortly after, the American Civil Liberties Union and New York Civil Liberties Union (NYCLU) joined his legal team. The amended petition argues that his detention violates his constitutional rights, including free speech and due process, and goes beyond the government’s legal authority. The following are quotes from Mr. Khalil’s legal team: Amy Greer, associate attorney with Dratel & Lewis: “Mahmoud Khalil’s arrest and detention is an escalation of the U.S. Government’s continual efforts to suppress the speech and association rights of student organizers seeking to hold the U.S. accountable for its facilitation of the genocide being exacted upon the people of Gaza and the Occupied West Bank. We the People should stand up against these repressive efforts and protect those rights so critical to the fabric of our nation that they were included in the First Amendment of our nation’s Constitution.” Ramzi Kassem, founding director of CLEAR: “What happened to Mahmoud is nothing short of extraordinary, shocking, and outrageous. It should outrage anyone who believes that speech should be free in the United States of America. It simply cannot be the case that government agents can disappear Mahmoud or anyone else, at night, on the streets of New York City because the current U.S. government, the current administration dislikes what you have to say. We think it won’t fly in the federal court, it won’t fly in an immigration court, and it certainly won’t fly in the court of public opinion.” Brett Max Kaufman, senior staff attorney with ACLU’s Center for Democracy: “This is a clear attempt by President Trump to make an example out of Mr. Khalil and silence dissent across the country. No matter what your views are on Israel & Palestine, we should all be terrified of a government incarcerating its residents for their political opinions.” Baher Azmy, legal director for the Center for Constitutional Rights: “The Trump administration has been targeting Palestinian human rights activists from day one, smearing them with every tired and empty trope. Rather than engage with its own role in the genocide and suffering of Palestinians in Gaza, the administration is using the the government's full power to make an example of Mahmoud Khalil, a Palestinian student leader beloved in his campus community and known for his integrity. His arrest and attempted deportation for what is constitutionally protected speech is a replay of McCarthyist repression that is intolerable to a democracy.” Donna Lieberman, executive director of the New York Civil Liberties Union: “With today’s filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government. The Trump administration has selectively targeted Mr. Khalil, a student, husband, and father-to-be who has not been accused of a single crime, to send a message of just how far they will go to crack down on dissent. But we at the NYCLU and ACLU won’t stand for it — under the Constitution, the Trump administration has no basis to continue this cruel weaponization of Mr. Khalil’s life. The Court must release Mr. Khalil immediately and let him go home to his family in New York, where he belongs. Ideas are not illegal, and dissent is not grounds for deportation.” The amended complaint can be found here: https://www.aclu.org/cases/khalil-v-trump?document=Amended-Petition-for-Writ-of-Habeas-Corpus-and-Complaint

BOSTON — Doctors from Harvard Medical School today challenged the removal of their articles from the Patient Safety Network (PSNet), a government-run website for doctors and medical researchers to share information about medical errors, misdiagnoses, and patient outcomes. The papers were removed as part of a takedown of information that the government contends promotes “gender ideology,” including any articles containing certain prohibited terms, including “LGBTQ” and “trans[gender].” The articles removed include “Endometriosis: A Common and Commonly Missed and Delayed Diagnosis,” co-authored by plaintiff Dr. Celeste Royce, which included a sentence about diagnosis in transgender and gender-nonconforming people, and “Multiple Missed Opportunities for Suicide Risk Assessment in Emergency and Primary Care Settings,” co-authored by plaintiff Dr. Gordon Schiff, which included a sentence about heightened risk in LGBTQ communities. “Good doctors serve and advocate for their patients, whoever they are,” said Dr. Celeste Royce. “We cannot uphold an oath to Do No Harm if our training and research are politicized. This administration is putting a culture war above the rights of clinicians and the public’s need for accurate, adequate health information. The very foundations of medical research and trust in medicine are at risk if the government can pick and choose what kind of research gets halted or published.” “This type of wholesale, non-evidence-based removal endangers everyone's safety,” said Dr. Gordon Schiff. “Censoring information about transgender people or anyone a politician does not like, who have documented increased risks of negative health outcomes, is antithetical to the very mission of public health. It also has a clear ripple effect on each and every patient, whose doctors are now unable to review unbiased information about how to better care for all.” The researchers are represented by the Media Freedom and Information Access Clinic at Yale Law School, the American Civil Liberties Union, and the ACLU of Massachusetts. “The takedown of these articles is nothing short of an assault on science,” said Scarlet Kim, senior staff attorney at the ACLU. “The First Amendment protects against the removal of our clients’ research solely because the government disagrees with its message. The government cannot suppress medical knowledge because it acknowledges the existence of transgender people. The Trump administration’s attempt to do so violates the First Amendment and flouts the very mandate of PSNet to improve patient safety.” In January 2025, President Donald Trump signed an executive order that requires federal agencies to remove all statements that “promote or otherwise inculcate gender ideology.” The Office of Personnel Management (OPM) subsequently issued guidance directing all agencies to “[t]ake down all outward facing media (websites, social media accounts, etc.) that inculcate or promote gender ideology.” PSNet’s removal of articles based on blacklisted terms followed. PSNet is run by the Agency for Healthcare Research and Quality (AHRQ), a sub-agency of the U.S. Department of Health and Human Services (HHS). “Here in Massachusetts, we deeply understand that academic research and knowledge-sharing is essential to our economy and for the health care of all people,” said Rachel Davidson, staff attorney at the ACLU of Massachusetts. “Our clients were given an impossible choice between removing their article from PSNet entirely or censoring parts of it. This is an intentional erasure of knowledge, an attack on the integrity of scientific research, and an affront to the public’s need for accurate, adequate health information.” The suit argues that the government violated the First Amendment by imposing a viewpoint-based and unreasonable restriction on the doctors’ participation in a forum the government has opened to private speakers. It also argues that the government violated the Administrative Procedure Act, including by removing articles without a reasoned basis. OPM, AHRQ, and HHS are named in the suit. “This is not a complicated case,” said Ben Menke, a third-year law student in the Yale Law School’s Media Freedom & Information Access Clinic. “Eight decades ago, Justice Robert Jackson observed that ‘Compulsory unification of opinion achieves only the unanimity of the graveyard.’ Nowhere is that more true than in the fields of science and medicine. The Trump administration’s rule barring doctors from even mentioning transgender individuals in patient safety literature is contrary to law, public safety, and common sense.” The complaint was filed in the U.S. District Court for the District of Massachusetts.