Free speech groups point out that the Department of Homeland Security (DHS) accused Khalil of leading “activities aligned with Hamas, a designated terrorist organization”.
But analysts note that the department’s allegation falls short of more tangible claims. US law, for instance, prohibits anyone in the country’s jurisdiction from providing “material support” to terrorist organisations.
The rationale provided for Khalil’s arrest, experts argue, was overly broad and could be wielded against any voices critical of Israel and US foreign policy.
“It’s a loophole so big that you could drive a truck through it,” Will Creeley, the legal director of the Foundation for Individual Rights and Expression (FIRE), a free speech group, told Al Jazeera.
“I think what’s perhaps most dangerous about this moment is that, given the rhetoric coming out of the administration today, folks across the country are going to think twice before they criticise the government, whether it’s the US government or Israeli government, and that chill is a real problem,” he added.
The effort to connect criticism of Israel with support for terrorism also appears to mirror Project 2025, a controversial series of policy proposals for Trump’s second term compiled by the Heritage Foundation, a right-wing think tank.
The document drew alarm for its expansive interpretations of executive power, as well as its views on issues like the pro-Palestinian protest movement.
One Project 2025 proposal states that pro-Palestine protests are part of a “highly organized, global Hamas Support Network (HSN) and therefore effectively a terrorist support network”.
Greer has told media outlets that, when she spoke with ICE agents over the phone, they appeared to have incorrect information about Khalil’s immigration status, informing her they were going to revoke his student visa.
Khalil, a graduate student at Columbia until December, was previously in the US on a student visa but has since obtained a green card, making him a lawful permanent resident of the country.
Greer said that, when she informed ICE agents that he was a permanent resident, they said his green card would be revoked instead.
Nithya Nathan-Pineau, a policy lawyer with the Immigrant Legal Resource Center, told Al Jazeera that green card status can be revoked under some circumstances, such as the discovery of fraudulent information in an immigration application or certain criminal activity.
“I haven’t seen any information about criminal convictions or arrests,” she said.
“It sounds like the ICE agents just unilaterally decided that whatever immigration status he had, it didn’t matter.”
Greer said that she and Khalil’s wife were told he was being held in an immigration detention facility in New Jersey, but when they arrived, he was not there. Khalil has reportedly been moved to a detention centre in Louisiana.
“This is a tactic that ICE loves to use, transferring someone to a facility that is further away from their legal assistance, community and loved ones,” said Nathan-Pineau. “It increases the psychological strain of detention.”
Greer has challenged Khalil’s detention, and a federal court is scheduled to hear the case on March 12.
