At least one prominent MAGA-friendly voice, the author Ann Coulter, has already spoken out against deporting Khalil, who was born in Syria. “There’s almost no one I don’t want to deport, but, unless they’ve committed a crime, isn’t this a violation of the first amendment?” Coulter wrote last week on X.
Khalil, a green card holder whose wife is a U.S. citizen (and eight months pregnant), does indeed enjoy rights under the First Amendment. The Supreme Court ruled in 1945 that alien residents cannot be deported for political speech, including speech in support of groups seeking to overthrow the U.S. government. Notably, the Court rejected the government’s argument that the targeted alien held an “affiliation” with a subversive organization, judging that the claim relied on too loose a definition of that term. The case, Bridges v. Wixon, is highly relevant to the controversy surrounding Khalil.
The Trump administration, in rescinding Khalil’s green card, invoked a 1952 immigration law to justify the move. That statute, the Immigration and Nationality Act, empowers the government to deport any lawful permanent resident whom the secretary of state deems a danger to U.S. foreign policy interests. The White House has said that Khalil, through his protest activities at Columbia University, promoted antisemitism. Additionally, the Department of Homeland Security said that Khalil “led activities aligned to Hamas,” a designated terror organization.
These justifications are spurious. The First Amendment does not carve out an exception for speech that Marco Rubio labels “antisemitic,” and in any case Jewish students at Columbia have vouched for Khalil’s character. As for the vague assertion that Khalil is “aligned” with Hamas, the administration has not produced evidence that he was affiliated with the group in any meaningful sense. If the arrest of Khalil is legal under the Immigration and Nationality Act, then the relevant provisions of that law are null and void under the Constitution, the supreme law of the land.
MAGA conservatives have a principled reason to defend Khalil’s right to free speech, even if they don’t agree with his anti-Israel views. Free speech is a cornerstone of our republican system of government, as the Founders knew well. One early-modern aphorism, which Benjamin Franklin quoted approvingly in 1722, captures the relation between free speech and a free people: “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech." Conservatives tend to emphasize ordered, political liberty rather than individual rights, but in matters of free speech, the latter bolster the former. (...)
MAGA conservatives have yet another reason, in addition to those relating to the protection of free speech, to oppose the Trump administration’s persecution of Khalil. John Mearsheimer, a political scientist at the University of Chicago, got near the mark in a recent podcast conversation. “The single greatest threat to freedom of speech in the United States at this point in time is Israel and its supporters here in the United States,” he said. Mearsheimer’s argument was about free speech, but he alluded to a principle that is even more fundamental.
Right-wingers tend to conceive of politics not in terms of rights, but of power. One political ideal that relates to power and that MAGA conservatives should cherish is sovereignty. What Mearsheimer’s comment suggests, even if he wouldn’t put the point in this way, is that Israel and the Israel lobby presently undermine the sovereignty of the United States.
Sovereignty refers to the exclusive authority of a state over the country it rules and the nation it defends. It is the glue that holds a political grouping together and safeguards its survival and liberty. A state, to truly possess sovereignty, must have the power to make decisions free from foreign influence. One reason the actions against Khalil should give MAGA pause is that the administration seems to be acting on behalf of Israel, not the American people.
Here’s the plain truth: Khalil was arrested not because he posed a threat to the United States, but because he protested against Israel. Drop Site News reported that Khalil’s arrest “followed a two-day targeted online campaign against Khalil by pro-Israel groups and individuals” (emphasis added). President Donald Trump has alleged that Khalil supports Hamas, an enemy of Israel. Khalil led protests against the Israeli war in Gaza. Miriam Adelson, a top donor to Trump’s presidential campaigns, has pushed the president to take pro-Israel actions and is leading the charge against critics of Israel on college campuses.
As if to make clear which nation’s interests are actually implicated in the Khalil episode, the White House’s X account has written “Shalom Mahmoud,” using the Hebrew word for “goodbye.”
I had thought English was America’s official language now. (...)
The undue influence that pro-Israel groups exert over the U.S. government deserves close scrutiny and blunt criticism. Israel’s Prime Minister Benjamin Netanyahu has long tried to drag the U.S. into war with Iran, which poses little threat to the American homeland. The president seems on the verge of giving Bibi what he wants, though in Trump’s first term he griped that the Israeli leader was “willing to fight Iran to the last American soldier.” In recent months, Israel’s supporters have sought to thwart foreign policy appointments perceived as inimical to Israel, and they may have succeeded last week. [ed. Here's a sickening video of Israel blowing up and destroying the Turkish Friendship Hospital, the only hospital in Gaza dedicated to cancer patients. Not a mistake.]
The Trump administration simply cannot pursue an America-First policy agenda if its military and staffing decisions and the nation’s foundational rights are subject to Israeli veto.
by Andrew Day, The American Conservative | Read more:
Image: Getty Images
[ed. Sometimes (not often) it's good to check in on what the other side's thinking. In this case they get it exactly right. It's good to be reminded that there are some saner versions of Conservatism out there, even if most are quite happy to ride MAGA's coattails whenever it's convenient (like saying the unpopular parts out loud). Will it matter with this administration? Want to guess? See also: The Israeli-American Trump mega-donor behind speech crackdowns (Responsible Statecraft); MAGA Must Resolve Tech vs. Populist Tensions; and, Trump's No Good, Very Bad Week (TAC).]