(NEW YORK)–PEN America condemns the Trump administration’s unconstitutional retaliation campaign against Mahmoud Khalil for his pro-Palestinian speech, most recently evidenced by an immigration court decision ordering Khalil to be deported to Algeria or Syria. 

“The government keeps cycling through baseless and pretextual justifications for punishing and attempting to deport Mr. Khalil for his pro-Palestinian speech,” said Elly Brinkley, staff attorney at PEN America. “This latest attempt is clearly nothing more than retaliation against Mr. Khalil, who has become an emblem of the administration’s widespread crackdown on pro-Palestinian speech. As the government doubles down on its efforts to chill disfavored speech here and elsewhere, they are sending a message to everyone in the country that dissent will not be tolerated.”

On Wednesday, the free speech organization also joined an amicus brief supporting the former Columbia University graduate student’s separate First Amendment challenge to the government’s arrest, detention and attempt at deportation in a federal court of appeals.  (Deportation decisions are stayed while the civil case is pending.) 

On the same day, Mr. Khalil’s lawyers sent a letter challenging the federal immigration court decision, which had been based on charges that Khalil had misrepresented information in his immigration application—charges he and his lawyers characterized as blatantly pretextual. Khalil’s counsel wrote in the letter that they intend to appeal the court’s extraordinary step to deny Khalil due process and issue a decision based on groundless, after-the-fact charges of misrepresentation. 

Khalil’s deportation is currently stayed while his separate First Amendment challenge against the government is pending in the Third Circuit. The amicus brief PEN America joined earlier this week in the latter case, Khalil v. Trump, was authored by the Foundation for Individual Rights and Expression (FIRE), and argues that the government’s actions against Khalil “violate the First Amendment and betray more than two centuries of American commitment to free and open expression.”

About PEN America

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Malka Margolies, [email protected], 929-383-1856