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Jacob Sullum
Reason Magazine
Excerpt: Mahmoud Khalil, a legal permanent resident who was the first target of President Donald Trump's crusade against foreign students he calls "terrorist sympathizers," could soon be released from custody thanks to a preliminary injunction that a federal judge in New Jersey granted this week. The reasoning behind that injunction underlines the chilling impact of Trump's attempt to treat speech he does not like as a deportable offense.
[U.S. District Judge Michael] Farbiarz stayed his injunction until 9:30 this morning to allow for a government appeal of his decision. That deadline came and went without an appeal. An Immigration and Customs Enforcement (ICE) official nevertheless told Khalil's lawyers "the government has no immediate plans to release him," The New York Times reports.
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Students returned to campus this fall after a tumultuous summer for Yale’s relations with the federal government. Since the start of the second Trump administration, universities have faced heightened pressure through threats to federal research funds, criticism of diversity policies and scrutiny into alleged antisemitism on campuses, and many of them have reached settlements. Yale seemed to be an exception. But not anymore.
As the academic year begins, the status and details of the federal negotiations remain unclear, although University President Maurie McInnis has released several comments about Yale’s talks with the federal government as pressure mounts against any settlement with the Trump administration. The ongoing period of uncertainty in the negotiations “may well continue, and we do not know for how long,” McInnis wrote in an Aug. 21 message to the Yale community.
Earlier this month, the Pentagon ordered 30 universities to audit their ties with certain overseas institutions of concern, or else risk future federal funding. Few details have emerged about the universities’ responses as of Monday, the deadline to comply. One, the University of North Carolina at Chapel Hill, has confirmed publicly that it’s ending a study-abroad program in China.
The list of concerning foreign partners, often called the “1286 List” for the relevant section of the National Defense Authorization Act, is maintained by the Department of Defense. It was most recently updated in July. “These institutions have been confirmed to engage in activities that increase the likelihood of U.S. government-funded research and development efforts being misappropriated,” according to a news release from the Pentagon.
On Friday, U.S. District Judge Noël Wise ruled that immigration provisions that allowed Secretary of State Marco Rubio to revoke student visas had a chilling effect on noncitizen student journalists at the Stanford Daily. Wise wrote that portions of two federal immigration provisions are unconstitutional when used against noncitizens for speech protected by the First Amendment.
The Stanford Daily Publishing Corporation brought the lawsuit alongside two anonymous students unaffiliated with Stanford, though one student was later dismissed from the case. The plaintiffs were represented pro bono by the Foundation for Individual Rights and Expression, or FIRE.
