Khalil, who is a green card holder, was arrested by ICE last week under the authority of the Immigration and Nationality Act, or INA, two officials at the Department of State and Department of Homeland Security told Zeteo News Tuesday.
Separately, a White House official told conservative rag The Free Press Monday that the government did not believe Khalil had committed an actual crime. “The allegation here is not that he was breaking the law,” the official said.
The INA was originally used to oust those suspected of being Soviet spies. But it has never been used to punish speech, and it’s unclear what evidence Rubio would need to provide to justify superseding Khalil’s First Amendment rights.
Aaron Reichlin-Melnick, a senior fellow at the American Council for Immigration, posted on X that the application of the INA presented “very significant” problems with free speech and that “the law may well be unconstitutional.”
Khalil, whose wife is eight months pregnant, was reportedly moved from New York to the Central Louisiana ICE Processing Center, much to the surprise of his legal representation. U.S. District Court Judge Jesse Furman ordered a hold on Khalil’s deportation Monday, “unless and until the Court orders otherwise,” according to Reuters.
In a post on Truth Social Monday, President Donald Trump cheered the arrest of the green card–holding graduate student, writing that the presence of “terrorist sympathizers” was “contrary to our national and foreign policy interests.”
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