On April 11, an immigration judge in Louisiana ruled that Mahmoud Khalil, a former Columbia University graduate student and lawful United States permanent resident, can be deported. Not for committing a crime. Not for violating immigration rules. But for his political speech – specifically for helping organise a peaceful Gaza solidarity encampment at his university.

The government’s case against Khalil is hinged on Section 237(a)(4)(C)(i) of the Immigration and Nationality Act, a Cold War-era provision that permits the deportation of any noncitizen whose presence is deemed a potential threat to US foreign policy. The evidence the government submitted against him was a two-page memo from Secretary of State Marco Rubio, asserting – without proof – that Khalil’s “beliefs and associations” could “adversely affect U.S. foreign policy interests”. Ironically, the document itself admitted that Khalil’s actions were “otherwise lawful”.

And yet, it was enough. The mere invocation of “foreign policy” or “national security” now operates like a legal incantation, overriding First Amendment protections, due process and even common sense.

Khalil’s case is not an outlier. It is the leading edge of a broader strategy to silence dissent in the US – particularly dissent critical of Israeli policies or sympathetic to Palestinian rights – using various legal tools. This use and abuse of the US legal system sets a dangerous precedent that in the long run will harm American democracy.

Dozens of international students and scholars – many from Muslim-majority countries or racialised communities – have also been subjected to surveillance, detention and deportation, often without any allegations of criminal wrongdoing.

Among them is Badar Khan Suri, a visiting academic at Georgetown University and Indian citizen who was arrested by Immigration and Customs Enforcement (ICE) at his home in Virginia and later transferred to Texas. He remains in detention, facing removal based on his family ties. The father of his American wife used to work as an adviser to the Gaza........

© Al Jazeera