US judge clears path for Khalil’s deportation; lawyers to appeal

By Al Mayadeen English
Source: News websites
12 Apr 2025 09:26

The White House asserts that Khalil’s views and affiliations conflict with US foreign policy objectives.

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Protesters attend a demonstration in support of Palestinian activist Mahmoud Khalil, March 10, 2025, in New York (AP)

Mahmoud Khalil, a Columbia University graduate and Palestinian rights advocate, faces potential deportation from the United States after an immigration judge’s ruling on Friday during a contentious hearing held remotely in central Louisiana.

The judge sided with the Trump administration’s argument that a memo from Secretary of State Marco Rubio, claiming that Khalil’s “current or expected beliefs, statements or associations” contradicted US foreign policy, was enough to justify his removal from the country. The memo, which was undated and offered no allegations of criminal activity, served as the primary evidence presented by the government.

During a tense session, Khalil’s defense team raised several unsuccessful objections, seeking to delay the ruling and terminate the proceedings. They argued that the vague accusations in Rubio’s memo justified their right to cross-examine him.

Khalil, clutching prayer beads, listened as three Department of Homeland Security attorneys argued for his deportation.

Judge Jamee Comans ruled that Rubio’s memo provided “presumptive and sufficient evidence” for the removal, emphasizing that matters of foreign policy were beyond the scope of immigration judges or the attorney general to dispute.

“There is no indication that Congress contemplated an immigration judge or even the attorney general overruling the secretary of state on matters of foreign policy,” Comans stated.

A supporter in the courtroom visibly struggled to contain tears as the ruling was announced.

Legal team pushes for bail as wife prepares to give birth

After the decision, Khalil, who had stayed silent during the proceedings, was allowed to speak. Addressing the judge directly, he quoted her previous words, “There’s nothing that’s more important to this court than due process rights and fundamental fairness.”

He added, “Clearly what we witnessed today, neither of these principles were present today or in this whole process. This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family. I just hope that the urgency that you deemed fit for me is afforded to the hundreds of others who have been here without hearing for months.”

Khalil, 30, had played a leading role in pro-Palestine protests at Columbia University last year. On March 8, he was arrested by ICE agents in New York and transferred to a detention facility in Jena, Louisiana, where he has remained for over a month. His case marks the beginning of a series of arrests aimed at pro-Palestine students and scholars, many of whom are in the US on visas or green cards.

With the ruling, Khalil’s deportation proceedings will continue in Louisiana, while a separate federal case in New Jersey challenges the legality of his detention and questions the constitutionality of deporting individuals for speech protected by the First Amendment if it contradicts US foreign policy.

Khalil’s legal team is seeking bail so he can reunite with his wife, who is about to give birth to their first child.

Use of immigration law to silence political speech draws condemnation

Lawyers for Khalil condemned the ruling, saying it appeared pre-determined. “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,” said Marc van der Hout, one of Khalil’s attorneys. “This is not over, and our fight continues.”

He added, “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.”

Van der Hout confirmed that Khalil would appeal the ruling after the immigration judge issues a final written decision. He also stated that an asylum case might be pursued.

The judge has given Khalil’s lawyers until April 23 to request a waiver.

Outside the detention center, a brief prayer vigil was held, where interfaith clergy read messages of support. Khalil’s wife, Noor Abdalla, who is due to give birth soon, issued a statement in front of reporters.

“Today’s decision feels like a devastating blow to our family. No person should be deemed ‘removable’ from their home for speaking out against the killing of Palestinian families, doctors, and journalists,” the statement said.

She continued, “In less than a month, Mahmoud and I will welcome our first child. Until we are reunited, I will not stop advocating for my husband’s safe return home.”

The New Jersey court has ordered that Khalil not be removed while his case proceeds, with a hearing scheduled for later in the day.