A Louisiana immigration judge made a significant ruling on Friday, determining that activist Mahmoud Khalil can be deported. Khalil, a graduate student at Columbia University, gained attention for leading pro-Palestinian protests last year. His recent detention came after Secretary of State Marco Rubio labeled his activism as antisemitic, asserting that permitting him to stay in the United States would undermine the country’s foreign policy objective of combating antisemitism on a global scale.
During a hearing held at the remote Louisiana detention center where Khalil is currently incarcerated, Judge Jamee Comans stated that she lacked the authority to challenge Rubio's determination. Following the ruling, Khalil expressed profound concerns regarding due process, stating, "I would like to quote what you said last time that there's nothing that's more important to this court than due process rights and fundamental fairness." He emphasized that both principles were notably absent from the proceedings, indicating that the circumstances of his case were influenced by the Trump administration's decisions, stating, "This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family."
Khalil will not face immediate deportation. His legal team has confirmed that they intend to appeal the judge's ruling if he is ordered to be deported. Judge Comans has provided Khalil until April 23 to file a request for a stay of his deportation, should his attorneys believe he qualifies for such an action. The judge also indicated that if the deadline is not met, she would proceed with ordering his deportation either to Syria, his country of birth, or to Algeria, where he holds citizenship.
Marc van Der Hout, one of Khalil's attorneys, voiced serious concerns regarding the implications of this case. He remarked, "If Mahmoud can be targeted in this way, simply for speaking out for Palestinians and exercising his constitutionally protected right to free speech, this can happen to anyone over any issue the Trump administration dislikes." Khalil, who is a lawful permanent resident and holds a green card, is facing a unique legal battle.
The decision to order Khalil's deportation was based on a rarely invoked federal statute from the 1950s known as the McCarran-Walter Act, or the Immigration and Nationality Act of 1952. This legislation grants the Secretary of State the authority to determine that a noncitizen's presence in the United States poses a threat to the nation’s foreign policy goals.
At 30 years old, Khalil was arrested on March 8 at a university-owned apartment in New York City, where he resides with his wife, who is a U.S. citizen and currently pregnant. Following his arrest, he was transported to the Jena/LaSalle Detention Facility in Jena, Louisiana, where he has remained since. It is important to note that while the immigration court ruling has been made, a separate legal case is ongoing in federal court in New Jersey concerning the legality of Khalil's arrest and detention.
