Judge hears arguments as Trump administration requests Columbia University student disciplinary records
A hearing was held Tuesday about whether Columbia University should disclose disciplinary records of some students involved in demonstrations.
The U.S. House Committee on Education and Workforce sent a letter asking for records related to 11 incidents during pro-Palestinian demonstrations on campus, or risk billions in federal funding.
Mahmoud Khalil – the Columbia University graduate currently detained and facing deportation – and other students using pseudonyms at Columbia and Barnard College filed a 36-page lawsuit against the schools, their presidents and the chairman of the committee, to name a few.
For now, the judge is keeping an injunction in place, meaning they should not turn over material right now. The parties will submit additional materials by 5 p.m. Thursday, and then the court will making a ruling.
Judge asks if House committee will publicize students' identities
An attorney for the plaintiffs argues that this, combined with other letters the Trump administration has sent, are meant to chill protected speech, calling it "an effort to suppress a viewpoint that our plaintiffs have held and do hold now and plan to express in the future."
They argue these students are frightened when they see their identities vilified by the federal government, and they are worried about doxing and immigration consequences.
The judge asked attorneys representing the U.S. House committee and its chairman, "What are your clients planning to do with those identities?"
An attorney responded that one way they may look at the information is to see how Columbia dealt with potential repeat offenders and that it could help the committee decide funding levels.
The judge asked if there was an intent to publicize identities or turn them over to an administrative agency for enforcement of any kind. The attorney said not to his knowledge and that it was not a typical action of a congressional committee.
The judge pressed the issue and asked if the attorney could rule it out.
"At this point, I cannot rule anything out," the attorney said, adding he could safely assure they were not intending to disclose information for the sake of disclosing information.
Earlier this month, the Trump administration froze $400 million in funding for Columbia. Last week, the school announced sweeping policy changes requested by the Trump administration.
The judge wanted to know if it was the university's position that it would've taken those measures were it not for indication federal funding would have been withdrawn.
An attorney for the school said the actions announced had been under review and in development for many months.
Multiple lawsuits surrounding Columbia
Meanwhile, another Columbia student facing possible arrest and deportation had a legal victory Tuesday.
In a federal lawsuit filed Monday, 21-year-old Yunseo Chung claims ICE officials searched her dorm and visited her parents' house a week ago, violating her first amendment rights. This all comes after Chung, a legal permanent resident of the U.S., participated in pro-Palestinian demonstrations at Barnard.
Chung, who has a green card, emigrated to the U.S. from South Korea with her family when she was 7 years old.
The suit claimed ICE told her lawyer there is an administrative warrant for her arrest.
Tuesday, a judge blocked ICE from detaining her pending further order from the court.
"The court today did the right thing, did the sensible thing, did the just and fair thing of granting her that protection and blocking ICE's attempts to detain her and deport her, pending further order of the court," attorney Ramzi Kassem said.
"Today, she feels a lot of relief and I think she will finally be able to get a good night's sleep tonight," attorney Naz Ahmad said.
A Department of Homeland Security spokesperson released the following statement:
"Yunseo Chung has engaged in concerning conduct, including when she was arrested by NYPD during a pro-Hamas protest at Barnard College. She is being sought for removal proceedings under the immigration laws. Chung will have an opportunity to present her case before an immigration judge.
"ICE HSI will investigate individuals engaged in activities in support of Hamas, a foreign terrorist organization. Based on investigative findings, the Department of State may make a determination which may result in visa revocation or other action impacting the immigration status of an alien in the U.S. Upon the determination from the Department of State, ICE will take appropriate enforcement actions."
"They're painting a very broad brush. This idea that anybody who attends any protest is suddenly somehow pro-Hamas ... is dangerous," Ahmad said.
In the meantime, Chung's attorney says, still uncertain, the student is keeping a low profile.
Chung is at least the third Columbia student has been sought for deportation, after Khalil and Ranjani Srinivasan, who fled to Canada after her visa was revoked.
Khalil, a 30-year-old legal U.S. resident born in Syria and Columbia University graduate student, faces deportation for his role in campus protests. On Friday, he appeared briefly in immigration court at a remote detention center in Louisiana for a hearing about scheduling in his case. Another hearing is set for April 8.
Ahead of Tuesday's hearing, congressional lawmakers held a news conference in Washington, D.C., calling for Khalil's release from Immigration and Customs Enforcement custody in Louisiana. The event was led by Reps. Rashida Tlaib and Pramila Jayapal.
As Columbia returned from spring break Monday, professors pushed back against sweeping policy changes, like hiring special officers with arresting power. However, some Jewish groups CBS News New York spoke with felt those changes are not enough to combat antisemitism.
In a new lawsuit against the education and justice departments, the American Association of University Professors claims, "This coercive tactic not only undermines academic independence, but stops vital scientific research."
