The left's latest martyr in the news

Diogenes

Nemo me impune lacessit
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Here’s why Mahmoud Khalil will be deported, without a doubt. Bookmark and share this.

1. Legal permanent residents are still aliens subject to 8 USC 1182 and 8 USC 1227, and thus explicitly deportable for any speech expressing support for designated terrorist organizations or statutorily defined “terrorist activities,” as well as deportable for foreign policy grounds at the sole determination of the Secretary of State and/or AG. These are not crimes, but they don’t have to be. They are removal grounds under 8 USC 1182 and 8 USC 1227. No criminal conviction is required to remove aliens. IF a crime is committed, it can serve as grounds for removal, but no allegation of criminal misconduct is necessary.

2. ⁠No due process has been denied. He is entitled to a basic statement that he is being detained and subject to removal proceedings, and he got one, and he’s entitled to a removal hearing before being deported, and he’ll get one.

3. ⁠He is not missing. The ICE detention database, available to the public, clearly lists that he is in a detention facility in Louisiana.

4. ⁠These actions are not being done in the name of “Jewish safety.” They are being done on the basis of expressing support for terrorism organizations or activities and on foreign policy grounds which is the prerogative of the Secretary of State and/or AG.

5. ⁠Separately, though no crime of “material” support of terrorism (or any other crime) is legally necessary to deport an alien, his distribution of pamphlets with Hamas iconography and language is “material” support (yes, producing and distributing documents is considered material support — look it up — just like other forms of “material” support like direct financial assistance).

6. ⁠This is an open-and-shut case. At the removal hearing, the government will recite the above, and the judge will affirm that these recitations have been made. On the “foreign policy” grounds of 8 USC 1227 alone, Mahmoud Kahlil is deportable and the government’s declaration that his presence is contrary to foreign policy is non-reviewable.

The judge is not entitled to second-guess this; the judge can only require that this invocation be made by the government, and indeed, this invocation will be made.


For more on the statutes in question and Khalil’s actions at Columbia, see these two links:

https://x.com/bentelaviv/status/1899113305614037211?s=46…

View: https://x.com/cu_jewishalumni/status/1898819027822338104?s=46





View: https://x.com/BenTelAviv/status/1899498655394005461
 
And to those who think pro-terrorism speech or foreign policy are shaky grounds to deport a green card holder, read this explanation carefully, and bookmark and share it, too:

It is stated clearly at the very beginning of the statute regarding deportability (8 USC 1227, subsection (a)) that “ANY alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:


…”And it then lists these classes / categories:

(a)(1): Inadmissible at time of entry or adjustment of status
(a) (2): Criminal offenses
(a) (3): Failure to register and falsification of documents
(a) (4): Security and related grounds (this includes the direct incorporation by reference of the same “terrorism” grounds of inadmissibility found in 8 USC 1182, including mere expression of support for terrorist organizations or terrorist activities; this also includes “foreign policy” as determined by the Secretary of State)
(a) (5): Public charge
(a) (6): Unlawful voters Crime (of “moral turpitude” or otherwise), which some commentators are wrongly focusing on, is only ONE category: (a)(2).

But (a)(4) — Security and related grounds — is a separate category.

Some people claim that it is vague. It is not.

It is actually quite long and detailed.

Some people also seems to think that the speech grounds in (a)(4) (expressing or espousing support for terrorist organizations or terrorist activity) are legally shaky.

But they are not!

Why not? First, the speech grounds are explicitly written into (a)(4)’s “terrorism” provision, with NO exception.

Further, when it comes to (a)(4)’s separate “foreign policy” provision, an exception IS written into it (stating that aliens who are candidates for foreign office can’t be deemed inadmissible and deportable under the “foreign policy” provision “SOLELY because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.”)

The explicit inclusion of speech grounds in the “terrorism” provision (with no exception) AND the presence of an exception relating to speech ONLY in the “foreign policy” provision, (but NOT in the “terrorism” provision, and only for aliens who foreign government officials or candidates) shows clear congressional intent to REQUIRE the executive branch to deport ANY aliens based on pro-terrorism speech even if it would be legal for citizens/nationals, and to only require more than that when the “foreign policy” (not “terrorism”) provision is invoked AND the alien is running for office or already an official of a foreign government.

But there’s more!

The statute regarding deportability (8 USC 1227) includes an additional “waiver of grounds for deportation” subsection applying to certain parts of the “inadmissibility at time of adjustment of status” and “failure to register - change of address” provisions of 8 USC 1227 (i.e., 8 USC 1227(a)(1)-(D) and (a)(3).

This separate waiver subsection, subsection c (i.e., 8 USC 1227(c)) provides for specific situations when the AG can waive deportability and allow a person to stay.

But it only applies to “special immigrants,” which is very rare and not in play here. (Even if Khalil indeed were a “special immigrant” this separate waiver subsection not only does NOT include a waiver for ANY part of the terrorism and foreign policy grounds, but rather, it explicitly carves them out (!) by stating “Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (OTHER THAN so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph…(3) of section 1182(a) …” shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.”)

Khalil will be deported.




View: https://x.com/BenTelAviv/status/1899542484402737279
 
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