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New documents unsealed<\/span> Thursday as a part of litigation brought by The Intercept and other news outlets reveal a critical discrepancy in Secretary of State Marco Rubio\u2019s rationale for attempting to deport five international students and academics last year. <\/p>\n While Rubio and the Trump administration claimed in public that they wanted to deport students including Mahmoud Khalil<\/a> and Yunseo Chung<\/a> for supporting terrorism, internal Department of Homeland Security and State Department documents instead cite their advocacy for Palestinian rights in protests and writings \u2014 activities protected by the First Amendment.<\/p>\n Rubio and the administration have repeatedly conflated<\/a> pro-Palestinian speech with support for Hamas, which the U.S. designates as a terrorist organization, but a DHS memo<\/a> shows the government did not find any evidence that Chung or Khalil provided \u201cmaterial support\u201d \u2014 meaning cash payment, property, or services \u2014 to any terror group. Even in their own communications, DHS and the State Department acknowledged they were in uncharted territory and likely to face backlash.<\/p>\n \u201cDHS has not identified any alternative grounds of removability that would be applicable to Chung and Khalil, including the ground of removability for aliens who have provided material support to a foreign terrorist organization or terrorist activity,\u201d reads the March 8 memo<\/a>. \u201cWe are not aware of any prior exercises of the Secretary\u2019s removal authority in [the Immigration and Nationality Act] section 237(a)(4)(c), and given their [lawful permanent resident] status, Chung and Khalil are likely to challenge their removal under this authority, and courts may scrutinize the basis for these determinations.\u201d<\/p>\n Yet the following day, Rubio claimed that Khalil and the other students were supporting terrorist organizations. \u201cWe will be revoking the visas and\/or green cards of Hamas supporters in America so they can be deported,\u201d wrote Rubio on X<\/a> on March 9, referencing Khalil\u2019s arrest.<\/p>\n <\/p>\n The hundreds of pages of documents were evidence in a lawsuit brought against President Donald Trump, Immigrations and Customs Enforcement, and DHS by five students and academics \u2014 R\u00fcmeysa \u00d6zt\u00fcrk<\/a>, Badar Khan Suri, Mohsen Mahdawi<\/a>, Khalil, and Chung \u2014 who alleged that their deportation orders violated their freedom of expression.\u00a0<\/p>\n The students won their case last year, but until Thursday, the trove of documents remained under lock and key after the judge agreed to seal the records on the State Department\u2019s behalf. At the request of The Intercept, the Boston Globe, the New York Times, and the Center for Investigative Reporting, Massachusetts District Judge William G. Young ultimately unsealed the records, revealing intimate details about the State Department\u2019s persecution of students speaking out in support of Palestine.<\/p>\n The documents include a series of memos sent from the Department of Homeland Security to the State Department recommending deportation orders for the five students. The correspondence overwhelmingly focuses on the students\u2019 participation in on campus protests and advocacy.<\/p>\n In the memos, commissioned by Rubio, the State Department and DHS argued that the students posed a threat to U.S. foreign policy because the protests they participated in fostered a \u201chostile environment for Jewish students in the United States\u201d and undermined \u201cU.S policy to combat anti-semitism around the world.\u201d\u00a0DHS and the State Department repeatedly based accusations of antisemitism and supporting terrorism on the students\u2019 public speech, often noting that the First Amendment could make it difficult for the U.S. to win their deportation cases.<\/p>\n