Rights group files lawsuit to block deportation of Palestinian activists – JURIST
The American-Arab Anti-Discrimination Committee (ADC) filed a lawsuit on Monday challenging the constitutionality of the Trump administration’s actions to deport Palestinian activists. The lawsuit seeks a nationwide injunction against executive orders that violate scholars’ freedom of speech.
ADC filed the complaint in the US District Court for the Northern District of New York against President Trump, the US Department of Homeland Security (DHS), and DHS Secretary Kristi Noem. ADC seeks to prevent the federal government from enforcing executive orders 14161 and 14188. The first imposes a stricter screening and vetting procedure for admitting foreigners into the country. The second order encourages all executive agencies to employ civil and/or criminal actions to combat anti-semitism.
The complaint states:
[These Orders] has unconstitutionally silenced Plaintiffs and chilled protected expression, prohibiting them from speaking, hearing, or engaging with viewpoints critical of the US government or the government of Israel, under threat of criminal prosecution or deportation. These Orders violate the First and Fifth Amendments of the US Constitution and must be enjoined, at least in part.
The lawsuit was filed on behalf of two graduate students, and one professor at Cornell University. Their names are Momodou Taal, Dr. Mukoma Wa Ngũgĩ, and Sriram Parasurama. They state their use of constitutionally protected speech and political expression has subjected them to surveillance, arrest, and deportation. The executive orders claim to protect against national security threats and antisemitism. However, plaintiffs argue the defendants conflate Palestinian advocacy with antisemitism.
ADC’s National Executive Director, Abed Ayoub states:
This lawsuit is a necessary step to preserve our most fundamental constitutional protections. The First Amendment guarantees the freedom of speech and expression to all persons within the United States, without exception. By targeting and punishing students who have spoken up in support of Palestine—or otherwise engaged in lawful protest—the Administration’s extreme Orders threaten to silence entire communities and unlawfully single out international students who contribute significantly to our academic, social, and economic institutions.
This action follows after the arrest of two students at Columbia University for their pro-Palestinian activism. Immigration and Customs Enforcement detained green card holder and student leader, Mahmoud Khalil, on March 9.
According to the White House fact sheet accompanying the orders, Trump explicitly promised to deport “Hamas sympathizers and revoke student visas.” DHS Spokesperson, Tricia McLaughlin confirmed the arrest was made in support of Trump’s executive orders.
Furthermore, House of Representative Speaker Mike Johnson (R-LA) contended that university administrations failed to maintain the safety of the campus, adding that “[i]f you are on a student visa, and you’re in America, and you’re an aspiring young terrorist who wants to prey upon your Jewish classmates, you’re going home.”
In response to the recent occurrence, Trump stated, “This is the first arrest of many to come.” Furthermore, Secretary of State Marco Rubio has defended the actions taken by ICE. He asserted that those who participate in “pro-Hamas events” will have their green cards and visas revoked.
