An anti-Israel protester and graduate student at Cornell University, who almost had his visa yanked for his disruptive activism, is suing to block the Trump administration’s attempts to remove antisemitic non-citizens as well as those with “hostile attitudes” toward America.

A graduate student from the United Kingdom at Cornell University, Momodou Taal, and another student, Sriram Parasurama, filed a lawsuit over the weekend, claiming that the administration’s policies violate the First Amendment. 

President Trump signed two executive orders shortly after taking office that aim to crack down on non-citizens with “hostile attitudes” toward America, or those who engage in antisemitic activities. One order signed January 20 opens the door for the removal non-citizens who are found to have “hostile attitudes toward its citizens, culture, government, institutions, or founding principles” or who “supported designated foreign terrorists.” Another order, signed on January 29, directs the government to “prosecute, remove, or otherwise hold to account the perpetrators of unlawful antisemitic harassment or violence.” 

Mr. Taal and Mr. Parasurama have been outspoken critics of Israel on campus. Their lawsuit, which lists Mr. Trump and Homeland Security Secretary Kristi Noem as the defendants, alleges that the orders have “unconstitutionally silenced plaintiffs and chilled protected expression, prohibiting them from speaking, hearing, or engaging with viewpoints critical of the U.S. government or the government of Israel, under threat of criminal prosecution or deportation.”

The complaint was filed in the wake of the federal government’s detention of a former Columbia University student, Mahmoud Khalil. The Department of Homeland Security alleges Mr. Khalil, who is an Algerian citizen and leader of pro-Palestinian demonstrations, “led activities aligned to Hamas.” A federal judge temporarily blocked the government’s attempt to deport him. 

The effort to remove Mr. Khalil and others is setting a First Amendment battle as courts have head to non-citizens do have some free speech protections. However, the extent of the protections has, thus far, not been settled. 

The Cornell students’ lawsuit says Mr. Trump’s “attempt to bar non-citizens from criticizing the U.S. government, its institutions, American culture, or the government of Israel — and to prohibit citizens from hearing those views — serves no legitimate government interest in preventing terrorism or enforcing immigration laws.”

“The justifications offered are pretextual and dangerous. Criticism of the U.S. government does not constitute terrorism, and criticism of the Israeli government is not antisemitism,” the filing says. 

In a statement, Mr. Taal said his lawsuit is “aimed at reversing the chill on speech.”

“When we are attacked for speech, we have to exercise more of it. Now is not the time to retreat but to double down,” he said. “We cannot allow international students, faculty, immigrants, and people with conscience to live in perpetual fear, with the threat of illegal detention hanging over our heads. What Trump is doing is a threat to millions in the US and worldwide.”

Mr. Taal was nearly deported in the fall due to this anti-Israel activism. Cornell temporarily suspended him after he participated in a noisy anti-Israel protest that the university said led to complaints of hearing loss.

However, because he is in America on an F-1 student visa, the decision to suspend him, for a second time, put his ability to stay in the country at risk. 

The college’s interim president, Michael Kotlikoff, said protesters in the demonstration that led to Mr. Taal’s temporary suspension “loudly marched through the hotel lobby and up the stairs, frightening students, staff, and recruiters” at a career fair. The protesters allegedly “screamed into bullhorns and banged cymbals, pots and pans, resulting in medical complaints of potential hearing loss. The protesters shouted profanity, disrupted display tables, and alarmed students who had been talking with employers.”

While Cornell accused Mr. Taal of engaging in “escalating, egregious behavior,” he insisted there was not a thorough investigation. He claimed he was being punished because he is a Black, Muslim student. The university said it referred 19 individuals, not just Mr. Taal, for disciplinary action. 

Cornell also said it would be required by federal law to terminate Mr. Taal’s student visa if he was not allowed to enroll at the university due to disciplinary action. 
After two weeks with his ability to stay in the country at risk, sparking a liberal outcry, Cornell decided to let the graduate student remain as an enrolled student and keep his visa.