US digs up subjective rare policy to deport Mahmoud Khalil
6 Min Read
A court filing warns of “potentially serious foreign policy consequences” as backlash grows over the arrest of a Palestinian activist.
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Protesters rally in support of detained Palestinian activist Mahmoud Khalil, on Wednesday, March 12, 2025, in New York. (AP)
The US government is invoking a seldom-used legal provision to attempt the deportation of Mahmoud Khalil, a Palestinian activist and recent Columbia University graduate who played a key role in last year’s pro-Palestine campus protests, The Guardian reported.
A government charging document addressed to Khalil, a lawful permanent resident currently detained in Louisiana, states that Secretary of State Marco Rubio “has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.”
Green cards are rarely revoked without a criminal conviction, yet the foreign policy provision is the sole justification listed for Khalil’s deportation.
Federal immigration agents arrested Khalil outside his university-owned apartment on Saturday night in front of his wife. He had served as a lead negotiator for Columbia University’s Gaza solidarity encampment, mediating between student protesters and university administrators. His arrest has sparked concern among free-speech advocates, who view the deportation attempt as a direct attack on his constitutional rights.
Legal battle over Khalil’s detention
A Manhattan federal court held a hearing on Wednesday morning after Khalil’s legal team challenged his detention, though no decision was made regarding his release. During the proceedings, a Department of Justice attorney requested a change of venue from New York to Louisiana or New Jersey, where Khalil was previously held. Judge Jesse Furman, an Obama appointee, instructed the government to submit written arguments by Friday.
Earlier this week, Furman issued a temporary order preventing Khalil’s deportation while the court reviews the case. His lawyers argue that the Trump administration is unlawfully punishing him for his activism and protected speech.
Outside the courthouse, Ramzi Kassem, a member of Khalil’s legal team and founder of the CLEAR legal clinic at the City University of New York, criticized the government’s use of the provision.
“The government, as far as we understand, is relying on a rarely used provision in immigration law to justify the detention of a lawful permanent resident and his placement in removal proceedings,” he said. “It is a provision that basically says that if the secretary of state determines that a non-citizen’s presence or activity in this country poses a serious risk of adverse foreign policy consequences, then that person can be processed for removal. That provision is not only rarely used, it is certainly not intended by Congress to be used to silence dissent.”
According to The New York Times, the State Department’s justification for deporting Khalil is that his presence could undermine US foreign policy efforts to combat "antisemitism" worldwide. The administration views many pro-Palestinian campus protests as "antisemitic".
Legal expert Bill Hing, a professor of law and migration at the University of San Francisco, argued that merely invoking foreign policy concerns would not be sufficient. “The government has to demonstrate by clear and convincing evidence that his presence or activities in the US has potential serious adverse foreign policy consequences,” he told The Guardian. “The question is, how will they prove that? If he has done nothing more than decry the humanitarian crisis in Gaza, or accuse Israel of genocide, and demand a ceasefire, is that adverse to US foreign policy? I don’t think so. I think that is protected free speech.”
Protests and public outcry
Khalil’s lawyers have requested that Furman order his return to New York so he can reunite with his wife, a US citizen who is expecting their child next month. His legal team—comprising the Center for Constitutional Rights, the American Civil Liberties Union, and the New York Civil Liberties Union—is preparing further legal briefs on the case.
Mahmoud Khalil’s lawyer: “We intend to fully vindicate not just his first amendment rights, but the first amendment rights of all Americans who wish to speak out.” pic.twitter.com/Z3ywGFx6S3
— Power to the People ☭🕊 (@ProudSocialist) March 12, 2025
Outside the courthouse, hundreds of demonstrators gathered in support of Khalil. Margaret Jay Finch, holding a sign that read “Civil rights for all people,” expressed her distress over his detention. “I feel so bad for his wife. I am so worried that this is against the First Amendment and we’re going to lose our rights … This is such a dictatorship,” said the 83-year-old retiree.
Other protesters carried signs reading “Then they came for Mahmoud” and “Hands off our students, ICE off our campuses.” They chanted “Free, free Palestine” and “Release Mahmoud right now” as they gathered in a public square near the federal courthouse in lower Manhattan.
Actor and activist Susan Sarandon told The Guardian that Khalil’s case has broader implications. “No matter where you stand on the genocide, freedom of speech affects everyone and this is a turning point in our history,” she stressed.
Trump signals more deportations to come
On Monday, Donald Trump justified Khalil’s detention, declaring that his presence in the US was “contrary to national and foreign policy interests.” He also signaled further action, stating that Khalil’s arrest was “the first of many to come.” The president has repeatedly vowed to revoke the visas of international students involved in pro-Palestinian demonstrations.
Judge Furman has the authority to order Khalil’s release if he finds his rights have been violated. However, his immigration status will be determined separately in front of an immigration judge.
Attorney Diala Shamas, also part of Khalil’s defense team, warned that his case sets a dangerous precedent for free speech in the US. “Speaking out against what the Trump administration is doing does not give them the right to disappear our people,” she said as quoted by The Guardian.
“We need to fight as hard as we can for Mahmoud because of what this portends,” she concluded.
Read next: ICE secretly moved Mahmoud Khalil in retaliation: The Intercept
