Though Mahmoud Khalil wasreleased from federal custody on June 20, his legal counsel says the fight with PresidentDonald Trump's administration is far from over and continues to raise key free speech issues. The administrationsaid it intended to appealNew Jersey U.S. District Judge Michael Farbiarz' ruling to release Khalil from U.S. Customs and Immigration Enforcement custody. He was being held at a Louisiana detainment facility for more than three months followinghis March 8 detention. Farbiarz said on June 20 that there wasno evidence that Khalil, a Columbia University graduate, would be a flight riskor danger to the community if he was released. The administration has cited a provision of theImmigration and Nationality Actof 1952 in its effort to deport Khalil, a lawful permanent resident who was born in Syria. The clause allows the secretary of state to remove individuals from the country if they have reason to believe the person's actions or presence undermines foreign policy interests. Earlier in June, Farbiarz said the application of the provision to Khalil's caseviolated his First Amendment right to free speech. Trumphas referred to Khalilas a "radical, foreign, pro-Hamas student." Khalil'slawyers have saidthere isno evidence he supportsthe organization, which the federal government has longdesignated as a terror group. David Keating, president of the Institute for Free Speech, said he doesn't think international students or visa holders should "take any comfort from (Khalil's release) at all." While Khalil's case garnered publicity and resources for his defense, Keating said that may not be the case for others if the Trump administration targets student protesters at a larger scale. The administration's actions thus far stand to have a "pretty stark" chilling effect on students, he said, adding that they may prompt some toreconsider their plans to studyin the U.S. "I think we're sending a really bad lesson about freedoms in America," Keating said. "We should be a beacon of freedom to the world, and I think one way to do that is to let even temporary visitors express their political views." The Foundation for Individual Rights and Expression (FIRE) similarly believes the "fight for free speech is far from over," according to FIRE attorneyConor Fitzpatrick. The organizationfiled an amicus briefin support of Khalil that said Secretary of StateMarco Rubiohaving the authority to deport non-citizens based on his sole assessment "places free expression in mortal peril." Farbiarzruled against granting Rubio such authorityearlier in June, saying that the government's actions were chilling Khalil's right to free speech and negatively impacting his career and reputation, which "adds up to irreparable harm." White House spokesperson Abigail Jackson told USA TODAY that Khalil's case was "not about 'free speech.'" "This is about individuals who don't have a right to be in the United States siding with Hamas terrorists and organizing group protests that made college campuses unsafe and harassed Jewish students," Jackson said, adding that the administration "expect(s) to be vindicated on appeal" and "look(s) forward to removing Khalil from the United States." While Fitzpatrick said individuals who disagree with the administration's stance and actions toward Khalil can write to Congress or attend rallies to make their voices heard, the fate of student protesters like Khalil ultimately lies in judges' hands. "Realistically, a lot of this is going to have to be resolved in the courts," he said. "There's only so much activism can do on that front." The American Civil Liberties Union, which ispart of Khalil's legal counsel, was "overjoyed" by his release, but the organization said its celebration is tempered by the reality of the long legal road ahead. "I'd say this is a victory in a critically important battle, but it's a long war and we intend to fight it all the way through," ACLU attorneyBrian Hausstold USA TODAY. Hauss noted that theU.S. Supreme Courtaffirmed noncitizens' right to First Amendment protections in1945's Bridges v. Wixon decision. The case surrounded the government's attempt todeport a man based on his alleged affiliationwith the Communist Party. There are "similar McCarthyite overtones" in Khalil's case, Hauss said, referencing thesenator who spearheadedthe government's anticommunist crusade. While it's "certainly possible" that a deportation case involving student protesters could end up at the Supreme Court, which has reversed long-standing rulings such asRoe v. Wade in recent years,Hauss said he's optimistic the court would rule in their favor givenits rulings upholding the First Amendmentin recent years. "For the Supreme Court to step back from those freedoms would be truly surprising, and I hope I'm not surprised," he said. Another high-profile case related to Khalil's surrounds Tufts University student Rumeysa Ozturk, who was arrested in Boston in March after writinga pro-Palestinian opinion articlethat criticized the school's response to the Israel-Gaza war in its student newspaper.A federal judge in Vermont ordered Ozturk to be releasedin May. Contributing: Hannan Adely and Michael Loria BrieAnna Frank is a First Amendment Reporting Fellow at USA TODAY. Reach her atbjfrank@usatoday.com. USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.Funders do not provide editorial input. This article originally appeared on USA TODAY:Mahmoud Khalil, free speech rights and the legal battle ahead
