“Material Support” and an Ohio Chaplain: How 9/11-Era Terror Rules Could Empower Trump’s Immigration Crackdown
by Hannah Allam
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In the weeks leading up to July 9, Ayman Soliman told friends he was terrified of losing the sanctuary he’d found after fleeing Egypt in 2014 and building a new life as a Muslim chaplain at Cincinnati Children’s Hospital.
Soliman, 51, was to show up at 9 a.m. on that date for his first check-in with Immigration and Customs Enforcement since losing his asylum status. He’d been granted the protections in 2018 under the first Trump administration. Then, in the last month of the Biden presidency, immigration authorities moved to revoke them based on sharply disputed claims of fraud and aid to a terrorist group. Once President Donald Trump returned to office weeks later, court records show, immigration officials bumped up the terrorism claims and formalized the asylum termination June 3.
By the time of Soliman’s ICE appointment, friends said, he was distraught over the prospect of being returned to the regime that had jailed him for documenting protests as a journalist. He arrived at the agency’s field office in Blue Ash, Ohio, accompanied by fellow clergy and a couple of Democratic state lawmakers.
“I didn’t come to America seeking a better life. I was escaping death,” he said in a video filmed just before he entered.
Inside, Soliman’s attorneys said, he was shocked to find FBI agents waiting for him. They interrogated him for three hours about his charity work more than a decade ago in Egypt, the basis for the Department of Homeland Security accusations of illegal aid, or “material support,” to Islamist militants.
His lawyer eventually emerged from the ICE office holding a belt and a wallet. Soliman had been swept into custody, joining a record 61,000 people now in ICE detention. As he awaits an immigration court trial Sept. 25, he is being held in a county jail run by a sheriff who posted a sign outside reading, “Illegal Aliens Here.”
Legal observers are watching the chaplain’s case as a bellwether of the Trump administration’s ability to merge the vast federal powers of immigration and counterterrorism. The case is also a reminder, they say, of sweeping post-9/11 statutes that both Republican and Democratic administrations have been accused of abusing, especially in cases involving Muslims.
Material support laws ban almost any type of aid to U.S.-designated foreign terrorist groups, extending far beyond the basics of weapons, personnel and money. Prosecutors describe the laws as an invaluable tool against would-be attackers, but civil liberties groups have long complained of overreach.
Over the years, successive administrations have faced legal challenges over how they wield the power; a milestone Supreme Court decision during the Obama administration upheld the laws as constitutional. Now, however, there are particular fears about the material support “sledgehammer,” as one legal scholar put it, in the hands of Trump, who has been openly hostile toward Muslims and determined to deport a million people who are in the United States without permission.
“These statutes are written extraordinarily broadly with the unstated premise that discretion will be exercised responsibly. And one thing this administration has shown is that it doesn’t understand what it means to exercise discretion responsibly,” said David Cole, a Georgetown Law professor who argued high-profile material support cases and served as national legal director of the American Civil Liberties Union.
At issue are DHS allegations that Soliman’s involvement with an Islamic charity provided material support to the Muslim Brotherhood. But neither the charity nor the Brotherhood is a U.S.-designated terrorist organization, and an Egyptian court found no official ties between the groups.
The Biden-era DHS, which first flagged the issue, said it would revoke Soliman’s asylum if “a preponderance of the evidence supports termination” after a hearing, according to the December notice. At the time, court records show, the material support allegation was listed as a secondary concern after more common asylum questions about the veracity of official documents and his claims of persecution in Egypt.
Once Trump came to power weeks later, Soliman’s attorneys said, the material support claims metastasized, with U.S. authorities declaring the Muslim Brotherhood a Tier III, or undesignated, terrorist group and adding new arguments about ties to Hamas. The Brotherhood, a nearly century-old Islamist political movement, renounced violence in the 1970s, though Hamas and other spinoffs are on the U.S. blacklist. In addition to the Egypt-related concerns, DHS filings about Soliman had noted warrants for “murder and terrorism” in Iraq — a country Soliman says he’s never visited.
By elevating the national security argument, Soliman’s lawyers said, DHS was able to bypass an immigration judge and order the chaplain held without bond as “potentially dangerous.” An established terrorism nexus means less transparency for immigrants — and more power for the authorities.
“DHS is judge, jury and executioner,” said Robert Ratliff, one of Soliman’s attorneys.
The idea of Soliman as a secret militant has outraged residents who know him locally as “the interfaith imam” and the first Muslim on the pastoral care team at Cincinnati Children’s, a top-ranked pediatric hospital. Colleagues described a popular chaplain with nicknames for the tiny patients and soothing words for their bleary-eyed parents.
Judy Ragsdale, the former pastoral care director who hired Soliman in 2021 shortly before retiring, said she wrote a letter to hospital leaders imploring them to speak out against the allegations that could return him to certain persecution in Egypt. He lost authorization to work in June, when his asylum was terminated.
“This is a ‘Schindler’s List’ moment,” Ragsdale said she told hospital leaders. “And if you don’t stand up for Ayman, you’re complicit in what’s happening to him.”
Ayman Soliman, center, talking to children at a Cincinnati mosque. Soliman is in ICE detention and facing deportation to Egypt. (Maddie McGarvey for ProPublica. Faces blurred by ProPublica.)Some fear DHS is parlaying the scope and secrecy of counterterrorism laws into a weapon to boost the president’s mass-deportation........
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