Scenes From the 'Emergency Mobilization' in New York

AP Photo/Mary Altaffer, File

Earlier today I wrote about the ICE arrest of Mahmoud Khalil, a recent Columbia grad who was arrested by ICE over his involvement with CUAD. CUAD is the unofficial group behind pro-Hamas protests and vandalism at Columbia. In response to his arrest Saturday, another activist group announced an "emergency mobilization" this afternoon in NYC.

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That protest started about an hour ago as I write this so we're just getting some video from the scene.

The speakers aren't happy with Democrats either.

Lots of police on hand to prevent this getting violent.

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I mentioned earlier that the organizers started a petition which already has over a million signatures. However, the petition itself warns people against using their real names so how many of those signers are real people?

Chanting:

Demands followed by more chanting.

Some marching and chanting.

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Hard to get a read on the crowd size. It's clearly hundreds of people but maybe not much more than that. Some people do have jobs and are still working at 4pm on a Monday.

So is this the creeping hand of fascism as the protesters claim? Well, no, not really. Eugene Volokh, who says he does not support the ICE arrest of Khalid, nevertheless points out that the law is not entirely clear on whether or not a green card can be revoked for open support for terrorism.

...the order itself refers to 8 U.S.C. § 1182(a)(3), which provides (in subsections (B)(i)(VII) and B(iii)) that:

Any alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization … is inadmissible…

And 8 U.S.C. § 1227(a)(4)(B) makes clear that such aliens are "deportable."

Congress, then, has authorized both denying visas to people based on their speech endorsing a wide range of violence, and deporting based on such speech people who had already been admitted. Nor is this limited to illegal aliens; it is also applicable to lawfully admitted visitors, including those under student visas and, as best I can tell, those who are lawful (and longtime) permanent residents.

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Green card holders have the same speech rights as people born here, however the lower courts are divide on the degree to which deportation is an exception under the law. So Volokh is not saying this is open and shut in the Trump administration's favor, but also it's not open and shut that the administration cannot do this. 

This afternoon a judge in New York put a hold on the deportation and called for a hearing Wednesday.

Khalil had been transported to Louisiana and now it appears he'll need to be transported back to New York.

A federal judge in New York has blocked any efforts by President Donald Trump’s administration to deport Mahmoud Khalil, a Columbia university graduate and Palestinian activist who was arrested Saturday night until a hearing Wednesday, according to court documents.

He is expected to appear in court on Wednesday morning, according to the documents...

The Immigration and Nationality Act states “an alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” The term “alien” refers to anyone who isn’t a citizen or national of the US.

That provision of the law was used as grounds to detain Khalil, according to the official, who didn’t rule out it could be used in future cases as well.

If the judge decides the allegations are sustained, the person in custody can still apply for relief, but the whole process can drag on for months, according to Camille Mackler, founder and executive director of Immigrant ARC, a coalition of legal service providers in New York.

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So it's possible this could drag on for a while. We'll have to wait until at least Wednesday to see what happens next.

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