Cold war law revived to deport campus activists

Overview

The Immigration and Nationality Act of 1952 gave the Secretary of State power to deport noncitizens whose presence threatens U.S. foreign policy. For seven decades, this Cold War-era statute gathered dust until March 8, 2025, when ICE arrested Mahmoud Khalil—a Columbia graduate student and green card holder—from his apartment for his role negotiating on behalf of pro-Palestinian protesters.

On January 15, 2026, the 3rd Circuit ruled 2-1 that a lower court lacked jurisdiction to release Khalil, reversing a June 2025 decision that found his detention likely unconstitutional. The ruling won't take effect for 45 days, giving his legal team time to seek review by the full circuit. On January 22, DHS announced Khalil will be deported to Algeria—where he holds citizenship through a relative—rather than Syria.

In the parallel AAUP v. Rubio case, U.S. District Judge William G. Young accused Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem of a 'breathtaking conspiracy' to violate students' First Amendment rights at a January 15 remedies hearing. Khalil, who missed his son's birth during 104 days of detention in Louisiana, now faces possible re-detention and deportation as parallel legal battles determine whether the government can deport legal residents for lawful political speech.

Questions about this story

No questions yet — be the first to ask.

Play on this story Voices Debate Who Said What? Predict

Key Indicators

104

Days in ICE detention

Khalil was held in a remote Louisiana facility from March 8 to June 20, 2025

300+

Student visas revoked

Secretary of State Rubio has revoked hundreds of student visas over pro-Palestinian activism

Years since law enacted

The McCarran-Walter Act of 1952 was designed to deport communists during the Cold War

Algeria

Deportation destination

DHS announced on January 22, 2026 that Khalil will be sent to Algeria, where he holds citizenship through a relative

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

Play

Exploring all sides of a story is often best achieved with Play.

Predict 4 ways this could play out. Contrarian picks score more — points lock when the scenario resolves. Log in to play

Timeline Five events from this story — drag them oldest to newest. Log in to play

Connections Sixteen names from the news. Find the four hidden groups of four. Log in to play

People Involved

Mahmoud Khalil

Free on bail until late February 2026; facing deportation order to Algeria

Marco Rubio

Central figure authorizing deportations under INA foreign policy provision; accused by federal judge of conspiring to violate First Amendment

Michael E. Farbiarz

Ruled for Khalil; decision reversed on appeal

Arianna J. Freeman

Dissented from panel decision reversing Khalil's release

Noor Abdalla

Gave birth alone while husband was detained

Kristi Noem

Named co-defendant in AAUP v. Rubio; accused by federal judge of conspiring to violate First Amendment

William G. Young

Presiding over AAUP v. Rubio case; issued First Amendment ruling against deportation policy

Baher Azmy

Co-counsel representing Khalil

Tricia McLaughlin

Announced Khalil's deportation destination on January 22, 2026

Emil Bove

Newest judge on 3rd Circuit; could participate in potential en banc rehearing

Organizations Involved

American Civil Liberties Union (ACLU)

Civil liberties nonprofit

Lead counsel representing Khalil

National organization defending civil liberties, with state affiliates in New York, New Jersey, and Louisiana joining Khalil's legal team.

U.S. Immigration and Customs Enforcement

Federal Agency

Detained Khalil; seeking deportation

DHS agency responsible for immigration enforcement that arrested Khalil and transferred him to Louisiana detention.

U.S. Court of Appeals for the Third Circuit

Federal appellate court

Reversed lower court ruling in 2-1 decision

Federal appeals court covering Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands.

Knight First Amendment Institute at Columbia University

Legal Advocacy Organization

Lead counsel in AAUP v. Rubio lawsuit

Academic freedom and free speech advocacy organization that filed the landmark AAUP v. Rubio case on behalf of the American Association of University Professors and other plaintiffs.

U.S. Department of Homeland Security (DHS)

Federal Department

Named defendant in AAUP v. Rubio; Secretary Noem accused of conspiracy to violate First Amendment

Cabinet department overseeing ICE operations and immigration enforcement, led by Secretary Kristi Noem.

Timeline

January 2025 January 2026

16 events Latest: January 22nd, 2026 · 5 months ago Showing 8 of 16

Tap a bar to jump to that date

January 2026
DHS announces Algeria as deportation destination
Latest Policy

DHS Assistant Secretary Tricia McLaughlin states Khalil will be sent to Algeria, where he holds citizenship through a relative, rather than Syria. 'It looks like he'll go to Algeria. That's what the thought is right now,' McLaughlin said on NewsNation.
January 22nd, 2026
Khalil speaks out in first interview after ruling
Public Statement

In Democracy Now interview, Khalil calls 3rd Circuit ruling 'absolutely disappointing' and says Trump administration is trying to 'make an example out of me,' potentially separating him from his U.S. wife and son.
January 16th, 2026
Appeals court reverses release order
Legal

3rd Circuit rules 2-1 that district court lacked jurisdiction, ordering dismissal of Khalil's habeas petition. Judge Freeman dissents.
January 15th, 2026
Judge Young accuses cabinet secretaries of 'breathtaking conspiracy'
Legal

In AAUP v. Rubio remedies hearing, U.S. District Judge William G. Young (Reagan appointee) accuses Rubio and Noem of conspiring to violate First Amendment rights of noncitizen students and scholars. Ruling expected January 22.
January 15th, 2026 • 2:30 PM
September 2025
Federal court rules speech-based deportations unconstitutional
Legal

In AAUP v. Rubio, Judge William Young rules noncitizens have full First Amendment rights and the administration's deportation campaign is unconstitutional.
September 30th, 2025
Immigration judge orders deportation to Algeria or Syria
Legal

Judge Comans issues deportation order, also finding Khalil "willfully misrepresented" information on his green card application.
September 12th, 2025
June 2025
Khalil reunited with family at Newark Airport
Release

After 104 days in detention, Khalil arrives at Newark Airport. Rep. Alexandria Ocasio-Cortez joins supporters greeting him.
June 21st, 2025
Khalil ordered released on bail
Legal

Judge Farbiarz orders Khalil's release, calling his detention "highly unusual" and characterizing it as punishment for speech.
June 20th, 2025
May 2025
Federal judge finds INA provision likely unconstitutional
Legal

Judge Farbiarz rules the Cold War-era statute authorizing deportation for foreign policy reasons is "presumptively unconstitutional" as applied.
May 28th, 2025
April 2025
Khalil's son born while he remains detained
Personal

Noor Abdalla gives birth to their son Deen. ICE denies Khalil's request for temporary release to attend.
April 21st, 2025
Immigration judge rules Khalil deportable
Legal

Judge Jamee Comans in Louisiana rules Rubio's foreign policy determination is "facially reasonable," finding Khalil can be deported.
April 11th, 2025
Rubio memo reveals basis for deportation
Evidence

Two-page memo from Secretary of State Rubio released, citing Khalil's "beliefs, statements or associations" while conceding his activities were "otherwise lawful."
April 10th, 2025
Judge rejects government's venue challenge
Legal

Judge Farbiarz rules case can proceed in New Jersey, where Khalil was initially detained, rejecting government's push to move it to Louisiana.
April 1st, 2025
March 2025
Emergency habeas petition filed
Legal

ACLU and co-counsel file emergency motions in New Jersey federal court challenging Khalil's detention.
March 9th, 2025
ICE arrests Mahmoud Khalil at Columbia apartment
Arrest

Plainclothes DHS agents detain Khalil without a warrant. His wife Noor Abdalla records the arrest. He is transported overnight to Louisiana.
March 8th, 2025 • Late night
January 2025
Trump signs executive order targeting foreign student protesters
Policy

Executive order directs federal agencies to identify and deport noncitizen participants in pro-Palestinian protests, citing anti-semitism concerns.
January 29th, 2025

#timeline [x-show="expanded"] { display: revert !important; opacity: 1 !important; } #timeline .timeline-toggle-btn { display: none; }

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

1952-1965

The McCarran-Walter Act and McCarthy-Era Deportations (1952-1965)

Congress passed the Immigration and Nationality Act of 1952 over President Truman's veto, giving the government broad power to deport noncitizens for communist affiliations or "subversive" beliefs. The law was used to exclude and deport thousands, including labor organizer Harry Bridges (whose deportation the Supreme Court reversed in 1945) and countless others deemed security threats for their political associations.

Then

Immigration enforcement became a tool of Cold War politics, with the Attorney General gaining wide discretion to exclude or deport based on ideology.

Now

Congress amended the law in 1990 to protect "beliefs, statements, or associations" that are "lawful within the United States," raising the bar for foreign policy deportations. The provision went largely unused until 2025.

Why this matters now

The same statute written to deport communists is now being used against pro-Palestinian activists. The government argues the 1990 amendments don't prevent deportation; Khalil's lawyers argue they do.

1952

Harisiades v. Shaughnessy (1952)

The Supreme Court upheld the deportation of three longtime legal residents—Peter Harisiades, Giuseppe Mascitti, and Sara Coleman—for past membership in the Communist Party, even though they had left the party years earlier. All had lived in the U.S. for decades; Harisiades had been in the country since 1916.

Then

The Court ruled 6-2 that Congress's plenary power over immigration allowed deportation based on past political associations, regardless of current beliefs.

Now

Justice Douglas's dissent—arguing that legal residents "assimilated in our society" should have the same rights as citizens—became influential in later jurisprudence expanding noncitizen rights.

Why this matters now

Harisiades remains the most relevant Supreme Court precedent, though it addressed past Communist Party membership rather than ongoing lawful speech. The Court has never ruled directly on deportation for current, lawful political activity.

1999

Reno v. American-Arab Anti-Discrimination Committee (1999)

The Supreme Court ruled 8-1 that noncitizens generally cannot challenge selective enforcement in deportation proceedings—even if they were targeted for their political beliefs. The case involved Palestinian activists accused of ties to a PLO faction who argued they were singled out for their speech.

Then

The activists' selective enforcement claims were dismissed, though their underlying deportation cases were eventually dropped after 20 years of litigation.

Now

The ruling limited noncitizens' ability to challenge politically motivated deportations, though it left open whether "outrageous" targeting might still be reviewable.

Why this matters now

The government cites this precedent to argue courts shouldn't second-guess enforcement decisions. Khalil's lawyers argue the 1990 amendments and subsequent cases provide stronger speech protections than existed in 1999.