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Trump Issues Executive Order Aimed At Deporting Anti-Israel Protesters

by | Jan 31, 2025

Last spring, a wave of protests across college campuses nationwide against Israel’s war in Gaza became the focal point of the growing cultural schism further dividing American society. The dichotomy between supporters and opponents of those protests immediately parlayed into the 2024 election cycle, with rightwing politicians seizing upon the opportunity to use the chaos in order to chip away at the crumbling foundation that the Biden administration’s re-election hopes rested upon. Smelling blood in the water, Biden’s opponents used the protests as evidence of the incumbent’s anti-American ideals manifesting on the nation’s soil and vowed to take swift action against the participants.

As is often the case, the right inextricably tied the interests of the US to those of Israel by categorizing the protesters critical of the genocidal war effort led by the Netanyahu regime as terrorists who were able to find safe haven in the US due to policies of the Biden administration like DEI and open borders that were rooted in Cultural Marxism. Proposed legislation aimed at purging students on visas involved in the protests due to their political leanings gained momentum but ultimately did not achieve any impact. However, an Executive Order signed by the Trump Administration realizes the goal of that reactionary response to those protests and carries the same concerns about its constitutionality and the chaos that enveloped the country across college campuses last spring being used as a catalyst to infringe upon the right to free speech.

On Wednesday, Trump signed an Executive Order titled Additional Measures To Combat Anti-Semitism into effect that fulfilled the promise he made to “get rid of the Jew haters” in the US during his presidential campaign last year. The Executive Order reaffirms another one that Trump signed during his first term that served this same interest. That previous order is Executive Order 13899, which Trump executed in 2019. The 2025 iteration of Executive Order 13899 dictates that the heads of each executive department offer reports on pending civil and criminal action taken under their respective jurisdictions in relation to the “wave of vile anti-Semitic discrimination, vandalism, and violence against our citizens, especially in our schools and on our campuses.” The Executive Order ultimately aims to provide the framework necessary to deport non-citizen college students who took place in last year’s protests against Israel from the United States.

The fact sheet accompanying the Executive Order minced no words, concluding by saying “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you. I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before.” That language echoed the promises Trump made on the campaign trail set by the rising tide represented by the protests that he compared to the cultural landscape that preceded the Holocaust. When making that comparison between the college protests to demonstrations across the Third Reich, Trump stated “If you look, it’s the same thing.”

Since Trump has taken office, his blitzrkrieg of Executive Orders have defeated many doubts about his ability to live up to the promises he made in the hopes of being re-elected. Criticisms of those who point out how he never took action to lock up Hillary Clinton during his first term as a portent of a similarly disappointing second tenure in the White House have largely been assuaged as Trump has already made good on his commitments to do things like offer pardons to the multitudes of January 6th protesters and to Ross Ulbricht, the founder of the Silk Road who was serving a life sentence behind bars. Those Executive Orders honored the commitments Trump made to his base of supporters as well as the Libertarian voters whose support he hoped to garner to aid his re-election hopes. With those promises fulfilled, Trump’s swift executive actions now appear to have turned to serve the interests of his largest political donor, Miriam Adelson, whose $100 million donation to Trump’s re-election campaign ensured that any return to the Oval Office would serve the interests of Israel.

While Trump’s triumphant return to the White House has largely been celebrated, one unwavering criticism he continues to face is the paradox that exists between the overarching interests of Israel being held as paramount by a supposed “America First” political platform. Appeasing Israel’s interests has continued to be the exception to every rule as each of Trump’s cabinet nominations that expressed their unconditional support for the Jewish state, echoing the president’s own long-held position. Trump’s latest Executive Order highlights the continued prevalence of that contradictory dynamic within the “America First” movement of putting Israel’s interests above that of America’s.

Supporters of Trump’s effort to deport anti-Israel protesters on student visas have attempted to dispel concerns over the infringement of the First Amendment it poses by highlighting how those being targeted by it are not US citizens. That criticism isn’t just myopic, it illustrates an absence of civic engagement that would belong to any dutiful American who believes in the supreme importance of upholding the constitution. That hollow argument is entirely ignorant of even a rudimentary understanding of constitutional law that has extended civil rights protections to non-citizens for nearly a sesquicentennial.

In 1886, The United States Supreme Court set that precedent when  it issued its decision in the case of Yick Wo v. Hopkins. The case was brought to the SCOTUS by Lee Yick, a Chinese immigrant who moved to San Francisco in 1861 and ran a laundromat named Yick Wo for over 22 years. When Yick sought to renew the license they needed to operate the laundromat, they were denied on the basis of safety concerns. Before Yick sought to renew their license, the San Francisco Board of Supervisors passed an ordinance making it illegal to operate a laundromat in a wooden building without a permit from the Board, a permit that the business owner was not granted. Despite not being granted the permit, Yick continued to operate the laundromat and was eventually imprisoned for not paying the fine they received for violating the ordinance.

After being imprisoned, Yick petitioned the California Supreme Court for a writ of habeas corpus. Yick’s legal counsel argued that of the 320 laundromats that applied for the permit to operate in a wooden building, only 1 of the 200 Chinese applicants was approved. Comparatively, all 120 of the non-Chinese applicants had their permit applications approved. Yick’s counsel argued that this constituted de facto discrimination against the Chinese, an argument that the SCOTUS upheld. When examining the issue of Yick not being a citizen, the court held that the plain meaning of the text of the 14th Amendment extends the right to protection under to the law to “all persons” who have action taken against them in the United States, regardless of citizenship.

The longstanding precedent set by the SCOTUS through Yick Wo v. Hopkins serves as the bedrock for criticism of Trump’s Executive Order aimed at deporting non-citizens on student visas for participating in protests against Israel. “The First Amendment protects everyone in the United States, including foreign citizens studying at American universities,” said Carrie DeCell, senior staff attorney at the Knight First Amendment Institute at Columbia University, which became the epicenter of anti-Israel protests last spring. DeCell concluded that “Deporting non-citizens on the basis of their political speech would be unconstitutional.”

The culture war that continues to be waged across the US creates a landscape in which its opponents have lost sight of the forest through the trees. Championing unconstitutional efforts to defeat opposition runs the risk of winning the battle only to lose the war, as the implications of empowering the state to infringe upon free speech would ultimately befall upon the fate of its citizens. This concern was prominent in the wake of the spring 2024 anti-Israel college protests when the Antisemitism Awareness Act was proposed. That proposed legislation highlighted how opportunistic Congress was in exploiting the chaos of those protests to make sweeping attacks against the right to free speech under the guise of combating antisemitism. President Trump’s latest Executive Order highlights how that threat to free speech has emerged yet again, illustrating the dire need for the continued resolve necessary to uphold the most sacrosanct of American virtues.

Reprinted with author’s permission from ZeroHedge.

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