To me, it comes down entirely to what he actually did. As he noted late in the interview, Rubio should he clear what he did and why he’s being detained/threatened with deportation.

If he SAID nasty stuff — which he seems clearly to have done — that’s protected behavior. And therefore not worthy of revoking his legal resident status here.

If he DID nasty stuff — such as committed vandalism, harassment of students, if not actually violence — then he’s violated the law and therefore terms of his legal residence here.

Seems pretty straightforward. The government should make clear what the basis is. By being less-than-transparent, they’re undermining their own efforts.