Sami Hamdi, British political commentator, stands at the center of a high-profile legal storm. This follows the increasingly hostile behavior of U.S. immigration authorities, who detained him while on his U.S. speaking tour. The arrest, which was caught on camera, occurred on Sunday at San Francisco International Airport. Eventually, authorities took him into custody and proceeded to detain him at an immigration detention facility in McFarland, California. His detention has generated massive international outcry. This is in large part a credit to the unceasing campaign of far-right influencer Laura Loomer, who has been haranguing U.S. officials.
Hamdi’s legal entry to the United States several times in the past would seem to moot these border concerns. Now, the U.S. government is charging him for making protected speech encouraging nonviolent protest against terrorism. No evidence has been made public to prove any of these charges, which brings brand new doubts of the motives for his arrest into focus.
Soumaya Hamdi, Sami’s wife, found out about her husband’s predicament from a friend. This friend was able to convince her to verify some truly terrifying rumors about his “ICE kidnapping,” which made things a whole lot worse. She described how much she feared for their family. Her heart broke most for the children who can’t even begin to comprehend why they can’t talk to their dad. Soumaya has been able to speak with Sami for no more than 30 seconds since his arrest.
“I can’t begin to even try to explain to you how distressing it is for them to try to understand that they can’t speak to their father, whom they talk to all the time and send funny videos and jokes and do video calls with,” – Soumaya Hamdi.
Hamdi’s case is emblematic of the continuing, larger issues with free speech and foreign nationals in the United States. Legal representatives from the Council on American-Islamic Relations (CAIR) subsequently visited Hamdi in detention. Their reasons, they claim, show that he is being held without due process. His case was especially important, as the CAIR California chapter underscored. They contended that the law is a threat, not only to Hamdi, but to all who value freedom of speech.
Lawyers from CAIR continue to work around the clock on Hamdi’s behalf, but they say they have faced numerous hurdles in trying to get information from U.S. officials. Soumaya mentioned that federal officials continue to refuse to work with legal teams that are looking for clarity on her husband’s situation.
“They say that there’s not much that they can do. And they’ve also said that [U.S.] authorities are actually preventing them from receiving information. The United States government is not cooperating with them,” – Soumaya Hamdi.
Here’s what prominent legal experts have been saying about it. They argue that detaining anyone lawfully present in the U.S. based on their political beliefs would infringe upon the First Amendment’s freedom of association. Ramya Krishnan is a senior attorney with the Knight First Amendment Institute at Columbia University. She argued that calling pro-Palestinian advocacy “support of terrorism” removes it from free speech protections.
“Detaining someone who is lawfully present here in the middle of a speaking tour because you don’t like what they have to say is a brazen violation of the First Amendment,” – Ramya Krishnan.
Krishnan contended that these actions would set up a dangerous slippery slope. As this article explains, he classically warned that every contrary dissenting opinion would soon be framed as an act supportive of terrorism, granting the government powers to censor any unwanted speech.
“Attempting to deport non-citizens based on political views is exactly what the court in AAUP v Rubio said that the administration can’t do,” – Ramya Krishnan.
The U.S. State Department is making a strong move. It will continue to revoke visa for those who engage in or support terrorist activity. Implementation of this policy leads to troubling practices related to how labels are used. Yet it exposes the potential for this type of misuse against someone like Hamdi who just so happens to voice unpopular sentiments.
Now, Soumaya is speaking out to raise awareness about her husband’s ordeal. She has an abiding concern for the way this case might affect free speech across America. She said this is larger than one person’s case and it’s about everyone’s rights, citizens and non-citizens.
“This doesn’t just concern Sami, it concerns everybody who values freedom of speech, everybody who values freedom of political expression,” – Soumaya Hamdi.
Legal experts and advocates are rightfully worried. They worry that without real accountability from immigration authorities, the dangerous precedent they’re setting for political dissent in the U.S. will go unchecked. Hamdi’s case is about more than Hamdi’s individual condition. It deserves commendation for raising critical questions regarding civil liberties and the scope of free speech.
As I explained earlier, Sami Hamdi has made his opposition to violence and extremism a hallmark of his public statements. He has done so repeatedly when it comes to acts of terror and violence. Instead, he calls upon all of us to tirelessly seek peace and understanding.
“That’s a very important message to the Muslims: we don’t celebrate blood lust, we don’t celebrate death and we don’t celebrate war,” – Sami Hamdi.
As this case develops, advocates on behalf of Hamdi are pressuring U.S. immigration officials to operate with transparency and accountability. The public is becoming more outraged by the federal government’s efforts to criminalize dissenting political ideology. This sudden concern is indicative of the larger backlash against the current administration’s policies.
Soumaya was the first to express her annoyance. She has been abandoned by ICE and the police department in communication and coordination around her husband’s legal status and well-being.
“The United States is one of our closest allies. Sami has entered the country on several occasions, and he is there legally. You know, he has basic rights,” – Soumaya Hamdi.