(NEW YORK)— PEN America has joined a federal court amicus brief supporting pro-Palestinian activist Mahmoud Khalil’s motion for a preliminary injunction to stop his unlawful detention and deportation on the basis of his political speech.
Led by the Foundation for Individual Rights (FIRE), the amicus brief was filed today in the U.S. District Court for New Jersey, where Khalil had earlier filed a petition for habeas corpus and a lawsuit against President Trump, Secretary of State Marco Rubio and other top government officials. The brief was also joined by the National Coalition Against Censorship, the Rutherford Institute, and First Amendment Lawyers Association.
The organizations are arguing that “[a]llowing the Secretary of State to deport any non-citizen whose views, in his subjective judgment, are against America’s foreign policy interests, places free expression in mortal peril.”
Khalil, a recent graduate at Columbia University and permanent U.S. resident, was arrested last week and immediately ordered to be deported. The Trump administration was unambiguous that Khalil was targeted for his role in pro-Palestinian protests on Columbia’s campus in the spring of 2024.
“Government retaliation for political speech is a hallmark of authoritarianism and anathema to the core values of our democracy for nearly 250 years,” said Eileen Hershenov, deputy chief executive officer and chief legal officer of PEN America. “Not only is this mistreatment of Khalil a gross violation of his constitutional and human rights, it is also an ominous escalation of the Trump administration’s campaign to silence dissent irrespective of the First Amendment and our democracy. Upholding his detention and deportation on specious grounds would have a profound chilling effect on immigrants no matter their status, on protesters and anyone else, who dares to express, speak or share in any way an opinion the administration doesn’t like.
PEN America has commented about the injustice of Khalil’s March 8 detention and the targeting of his political speech, calling for his immediate release.
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, mmargolies@pen.org