Introduction to the Case
A federal immigration judge in Louisiana ruled Friday afternoon that detained Columbia activist Mahmoud Khalil — who has not been charged with any crime — can be deported, his attorneys confirmed Friday afternoon. Still, Khalil’s attorneys noted there are other outlets for relief before the government can deport him and point to an ongoing federal habeas case being heard by a federal judge in New Jersey.
Background on Khalil’s Case
Khalil, who has been held in a detention cell in Louisiana for over a month now, asked to speak at the end of the hearing according to his attorneys, who provided a transcript of his remarks. He recalled earlier remarks made by immigration Judge Jamee Comans about the importance of due process. “Clearly what we witnessed today, neither of these principles were present today or in this whole process,” Khalil said. “This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family.”
Judicial Proceedings
Judge Michael E. Farbiarz, a federal judge in New Jersey considering Khalil’s request to be released on bail while his immigration case plays out as well as preliminary injunction on the Trump administration’s deportation efforts, called an impromptu meeting of the parties Friday afternoon after the immigration proceeding had terminated. Khalil, a legal permanent resident married to a U.S. citizen has not been accused of any criminal activity, but was targeted for his role leading pro-Palestinian campus demonstrations at Columbia University.
Immigration Judges’ Authority
Immigration judges are part of the executive branch rather than the judiciary, and Judge Comans said Friday from the bench that “This court is without jurisdiction to entertain challenges to the validity of this law under the Constitution.” On Thursday, the State Department responded to Judge Coman’s request for evidence that Khalil posed a threat to national security with a two-page document asserting that Khalil and another person whose name was redacted had participated “in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.”
Equal Parts Empty and Chilling
Attorneys for Yunseo Chung, another Columbia student and legal permanent resident who is currently in hiding while the Trump administration is hunting for her and trying to deport her, are asking the court to reveal the name of that second student, according to a court document filed in federal court Thursday. If Chung’s name does appear in the undated missive from Rubio, as her attorneys suspect, it would mean her transformation from an under-the-radar Columbia University junior to a top government target occurred in the span of just two days.
Columbia student Yunseo Chung was facing deportation charges from the Trump administration. Credit: Courtesy of CLEAR
Government’s Rationale
The document accused neither Khalil nor the unnamed student with any criminal activity, but argued that on the basis of “expected beliefs” that are “otherwise lawful,” their continued presence in the United States would “undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States.” Rubio is relying on a previously obscure and rarely cited provision of the Immigration and Nationality Act allowing him to revoke visas of noncitizens if “the alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.”
Criticism of the Decision
Baher Azmy, one of the lawyers defending Khalil and the legal director of the Center of Constitutional Right, ripped the idea that an immigration judge would be legally bound to consider a non-citizen “a threat to foreign policy, simply because the Secretary of State says [so] without analysis or evidence,” calling that “a sort of a tacky Soviet-style diktat that’s equal parts empty and chilling.” Homeland Security Secretary Kristi Noem responded to the judge’s decision by writing on social media that “Mahmoud Khalil hates the United States and what we stand for—so his removal should come as welcome news.”
Broader Implications
The Trump administration has widened its crackdown on foreign students, revoking the visas of around 300 non-citizens in just over a month since Khalil’s arrest and detention at his Columbia University housing in Morningside Heights, with Rubio saying that “Every time I find one of these lunatics, I take away their visa.” Targeting of students accompanied with billions in cuts in federal funding to universities across the country has sent shockwaves across academia. In recent days other New York City universities including NYU, Fordham and CUNY reported that dozens of students had their visas yanked.
Legal Challenges
On Friday, New York State and 14 others joined the American Association of University Professors in suing the Trump Administration for violating the First Amendment by targeting non-citizens who participated in pro-Palestinian demonstrations for detention and deportation. “Our democracy depends on the freedom to think, to speak, and to learn without fear,” said Attorney General Letitia James. “No one should face detention or deportation for exercising their right to free speech – not in New York, or in any other state in our Nation.”
Conclusion
The case of Mahmoud Khalil highlights the challenges faced by foreign students and activists in the United States, particularly those involved in pro-Palestinian movements. The decision to deport Khalil, despite his not being charged with any crime, sets a concerning precedent for the targeting of non-citizens based on their political beliefs and activities. As the legal battle continues, it remains to be seen how the courts will balance national security concerns with the protection of free speech and academic freedom.
FAQs
- Q: Who is Mahmoud Khalil?
A: Mahmoud Khalil is a Columbia University activist and legal permanent resident who has been detained and faces deportation despite not being charged with any crime. - Q: Why is Khalil being deported?
A: The Trump administration claims that Khalil’s presence in the United States would undermine U.S. policy to combat anti-Semitism, based on his participation in pro-Palestinian demonstrations. - Q: What are the implications of this case?
A: The case has broader implications for foreign students and activists in the United States, highlighting concerns about the targeting of non-citizens based on their political beliefs and activities, and the potential erosion of free speech and academic freedom. - Q: What legal challenges are being mounted against the Trump Administration’s actions?
A: New York State and 14 others, along with the American Association of University Professors, are suing the Trump Administration for violating the First Amendment by targeting non-citizens who participated in pro-Palestinian demonstrations for detention and deportation.
