“First they came for the socialists, and I did not speak out—because I was not a socialist.

Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.”

—Martin Niemöller

This quote is from Martin Niemoller,  a German pastor who reflected on his complicity in the Holocaust, post-WWII. As someone a part of the “in-group”, he thought that the Nazi’s censorship, lack of due process, and heinous actions wouldn’t affect him but his complicity only led to his demise. Many in America share a similar ideology to Martin’s pre-end of WWII. We are ok with our hypothetical personal prosperity coming at the cost of others’ lives. We believe we will be safe from the consequences of fascism, but as history has shown, that is simply false.

As predicted in our “How Trump Will Carry On the Legacy of Fascism” article, the divide between us has grown more and more prominent: those who are being unjustifiably prosecuted and those who are complicit. Some could argue this dynamic has always been present in America–that it was built on it. However, primarily for the past 60 years or so, that violent prosecution was exported to other countries. Our imperialist actions have led to coups of democratically elected leaders, human trafficking of innocent people in the Global South to Guantanamo Bay and other black sites, and numerous wars manufactured on complete lies. But as the American Empire’s grasp on the global stage weakens, the violence is coming back home.

Since Trump has taken hold of the White House, his administration has successfully ripped away one of America’s best protections, free speech. It’s a part of Project 2025 and Project Esther’s plan to crack down on dissent, especially anti-Israel speech.  In coordination with their crackdowns on immigration, they have been specifically targeting legal immigrants on visas or green cards. These are legal residents who are well within their rights to protest and use the First Amendment, something that protects every person on US soil. 

Almost a year ago, SCAD students, some of whom were international students, participated in a pro-Palestinian protest. Even those who didn’t participate may be terrified about their future and want to know how to protect themselves. So, what are our collective rights as people and legal residents of the country?

Mahmoud’s Story

Marco Rubio has claimed that he has revoked hundreds of visas as the Secretary of State from recipients with pro-Palestinian beliefs, something that the administration is tying to sympathy for Hamas. The first widely broadcast case was Mahmoud Khalil, who was kidnapped by plain-clothed ICE agents in March. Mahmoud is actually a green card holder, a status directly below citizenship, meaning he is a legal permanent resident of the United States. He is a former Columbia graduate student who was one of the main negotiators between the student encampment and the university. 

He was arrested in front of his wife, a nine-month pregnant United States citizen. The ICE agents refused to talk to her as she frantically chased after them while on the phone with an immigration lawyer. The only detail the agents disclosed was the location where Khalil would be held at, but when she went to visit him, he had been moved to Louisiana without prior notice. Despite the Trump administration’s efforts to put him in front of an unfair Louisiana court, according to MSNBC, a federal judge ruled he must be tried in New Jersey, where he was originally held.

Khalil has never been convicted of a crime, and the agents didn’t possess a warrant, making this arrest illegal. He was arrested for his political beliefs, which are protected under the First Amendment. This is a concerted effort by the Trump administration to degrade constitutional protection in order to carry out its own agenda. Khalil echoed a similar sentiment in a letter he wrote from jail, writing, “[They are] targeting me as part of a broader strategy to suppress dissent.”

According to MSNBC, the Trump administration is relying on an obscure provision of the 1952 Immigration and Nationality Act, “Says the government may deport people if there are reasonable grounds to believe their presence in the country would have potentially serious adverse foreign policy consequences for the United States.” This law was only tested 30 years ago when Trump’s older sister, Maryanne Trump, ruled it was unconstitutional to deport Mario Ruiz Massieu, who was facing criminal charges in Mexico. If there were no grounds to deport Mario even while facing criminal charges, then there is absolutely no precedent to deport a legal resident who has no criminal history.

As mentioned, Marco Rubio has alleged they are revoking “Hamas sympathizers” and “anti-semites who lied on their application”. It’s a completely false assertion that, when examined, is purely hypocritical. Trump has personally had dinner with nazis like Nick Fuentes and Kanye West. His right-hand man, Elon Musk, did the Roman Salute at the inauguration. RFK, the appointed leader of Health and Human Services and known conspiracy theorist, has said, “[COVID was] ethnically targeted” to spare Ashkenazi Jews and Chinese people.” It is very clear that the Trump administration doesn’t care about actual antisemitism, as the attribution of pro-Palestinian beliefs to such is completely false, and they themselves have participated in it numerous times. It is simply a path to erode away freedom of speech in an avenue they know Democrats will not speak out against. 

Even progressive Democrats have barely spoken out on these cases, despite this blatantly undermining people’s rights protected by the Constitution. Meaning there is no federal fight against Rubio and Trump’s unlawful actions.  Activists have used Khalil and others as motivation to continue mobilizing. At the April 5th rally in DC, protestors held up signs demanding his release alongside Rumeysa Ozturk, a Turkish student at Tufts University in Massachusetts who shares a similar story. However, if these kidnappings continue to go unaddressed by Democrats, it will only lay the groundwork for American citizens to be prosecuted in a similar fashion.

International Students’ Rights

All individuals on US soil are protected by the Constitution, which includes the right to free speech without prosecution from the government. If you are an international SCAD student frightened about your standing in the country, it’s important to know your rights and what you should do if you ever encounter ICE. This time may never come but it’s important to have a plan just in case.  

The National Immigrant Justice Center has a detailed rulebook for what people should do in an encounter with ICE. Its first suggestion is to create a safety plan. Identify emergency contacts and memorize or write down their numbers. Inform your loved ones that if you are detained by ICE, they can track down your location through online detainee locator. 

It’s also important to know your fundamental constitutional rights, especially in regards to a possible arrest. You have the right to remain silent when questioned or arrested by agents. If you have an encounter with ICE, stay calm. Have your papers and documentation on you at all times. If ICE comes to your door, you aren’t required to answer. They can not come into your home or arrest you without a warrant. If you are outside during an encounter, move to a safe indoor location.

This is a time we should all protect and look out for one another. Let’s learn from the past–learn from people like Martin Niemoller and not be complicit in this moment.

Complicity will not shield us from consequences, it will only seal our collective demise.