Immigration Judge Says Trump Administration Can Deport Mahmoud Khalil
Written by David Zimmermann
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Mahmoud Khalil speaks to members of media about the Revolt for Rafah encampment at Columbia University in New York City, June 1, 2024.
A federal immigration judge in Louisiana ruled on Friday that the Trump administration can proceed with its deportation of Mahmoud Khalil, an anti-Israel activist at Columbia University who was arrested last month.
During a hearing, Judge Jamee Comans said Khalil, 30, can be removed from the U.S. and that the administration has met its burden to deport him. The detainee won't be immediately deported, however.
His attorneys can file relief applications until April 23. If they fail to meet the deadline, the judge said she will order the deportation. Khalil can be deported either to Syria, where he was born, or to Algeria, where he is a citizen.
Secretary of State Marco Rubio determined that Khalil's activism was antisemitic and that the man needed to be deported in line with the administration's mission to combat antisemitism. Judge Comans found she had no authority to challenge Rubio's assessment that Khalil's activism threatened U.S. foreign policy.
On March 8, federal immigration agents apprehended Khalil at his apartment building in New York City. He has been held in a Louisiana detention center ever since, which has drawn backlash from anti-Israel activists and Democratic lawmakers.
Khalil's attorneys argued that their client is a legal U.S. resident who holds a green card and claimed his constitutional rights to free speech and due process were being trampled by the federal government.
On the other hand, Rubio contended the case had nothing to do with free speech rights. Rather, he said, the federal government has the legal authority to deport any foreigner who sympathizes with Hamas amid the designated terrorist group's war with Israel. The State Department head used a provision in the Immigration and Nationality Act of 1952 to justify Khalil's removal.
The provision gives the secretary of state the authority to deport noncitizens if the official determines their presence in the U.S. "would have serious adverse foreign policy consequences," according to the immigration law.
This week, Rubio cited Khalil's beliefs in arguing for his deportation.
Khalil's presence in the U.S. would effectively create a "hostile environment for Jewish students in the United States," Rubio wrote in a memo on Wednesday.
Khalil has participated in antisemitic protests at Columbia, where he graduated in December. He was the first activist targeted by the Trump administration, which continues to crack down on international students participating in such activities on campus.
Over 800 student visas have been revoked in recent weeks, according to data collected by Inside Higher Ed.
When applying for his green card application, Khalil omitted past work for the United Nations Relief and Works Agency for Palestine Refugees in the Near East and other organizations with which he was affiliated. For instance, he was previously employed at the Syria Office in the British Embassy in Beirut, Lebanon.
Khalil and his legal team criticized Friday's ruling, saying it's unfair.
"Nothing more important than due process and fundamental fairness. Neither of those principles were present today. This is exactly why the Trump administration sent me to this court 1,000 miles away from my family," Khalil said in court.
"Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponization of immigration law to suppress dissent," his attorney, Marc van der Hout, added. "This is not over, and our fight continues."
Meanwhile, the White House seemingly celebrated the new ruling by posting on X a screenshot of an article about the breakthrough development.
Khalil's case is also being heard in a New Jersey federal court over whether he should have been arrested and detained. Friday's hearing was held in immigration court.

About the Author
David Zimmermann was a news writer for National Review.
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