Confronted with a deadline to present evidence for its deportation case against activist Mahmoud Khalil, attorneys representing the federal government opted to submit a memorandum from Secretary of State Marco Rubio to a Louisiana immigration court instead.
In the memo obtained by CBS News, Rubio asserted that Khalil’s involvement in protests at Columbia University conflicts with American foreign policy objectives. While he failed to provide specific evidence against Khalil, he indicated that Khalil is subject to deportation under a little-known federal immigration statute allowing the government to expel noncitizens whose presence is said to undermine national foreign policy interests.
Rubio contended that Khalil, a 30-year-old legal permanent resident, undermines “U.S. policy to combat anti-Semitism globally and within the United States, along with efforts to safeguard Jewish students from harassment and violence in the U.S.”
Khalil emerged as a key figure during the spring 2024 pro-Palestinian protests at Columbia University, where he completed his master’s degree from the School of International and Public Affairs in December 2024. He was detained by federal immigration authorities at his university-owned apartment while his pregnant wife watched. Following his arrest, he was transferred from New York to a detention facility in New Jersey before being transported to a remote facility in Jena, Louisiana.
The government alleges that Khalil has supported Hamas and could be deported if it is found that his presence and actions pose a threat to U.S. foreign policy interests, citing supposed support for Hamas, a U.S.-designated terrorist organization. To this point, CBS News has not discovered any evidence of Khalil expressing support for Hamas.
On Tuesday, Assistant Chief Immigration Judge Jamee Comans stated that she would terminate the case unless the government could produce evidence justifying the removal of the former Columbia student. Khalil’s attorney, Marc Van Der Hout, mentioned during the hearing that he had “not received a single document” of evidence from the government.
“I want to see the evidence,” Comans insisted, requiring the government to submit documentation within 24 hours.
In response, the Department of Homeland Security provided the two-page memo from Rubio, which references Khalil alongside another lawful permanent resident whose identity was redacted.
Rubio maintained that they should be expelled from the country due to their “presence or activities compromising a compelling U.S. foreign policy interest.”
“The U.S. foreign policy promotes core American values and the well-being of American citizens,” he added, “and enabling anti-Semitic behavior and disruptive protests would severely jeopardize that vital foreign policy goal.”
Rubio pointed to Khalil’s involvement in what he characterized as “antisemitic protests and disruptive activities,” asserting that this creates a “hostile environment for Jewish students” and comprises “unlawful behavior” during such protests.
“The government can’t function on hidden law based solely on the assertion of one executive official,” remarked Baher Azmy, Legal Director of the Center for Constitutional Rights, during a press call about Khalil this Thursday. “Does anyone know what actions would trigger an adverse foreign policy interest for the United States? No one knows. No one can know. That is the inherent danger in this law.”
Comans has scheduled a removability hearing for Khalil on Friday at 1 p.m., where she might determine if adequate evidence has been presented to justify the continuation of his immigration proceedings.
The government has previously claimed that Khalil should be deported for what it describes as “material support” to the militant group Hamas via his participation in campus protests against Israel.
Khalil’s legal team, who have also initiated a lawsuit against the government on his behalf, criticized the administration, claiming it infringes upon his right to free speech.
“After a month of evading accountability since Mahmoud’s unjust late-night arrest in New York and his subsequent transfer to a remote detention facility in Louisiana, immigration authorities have finally conceded they have no legitimate case against him,” stated Van Der Hout. “Instead, the government is evidently targeting Mahmoud and persecuting him for exercising his First Amendment rights.”
Following Khalil’s arrest, President Trump indicated that it was merely the first of many similar actions to follow. His comments marked a call to intensify crackdowns on students and alleged “agitators” protesting against Israel.
Since then, foreign-born students nationwide have faced the arrival of immigration agents at their doors and subsequent deportation proceedings.
“If the Secretary of State asserts the authority to arrest, detain, and deport someone, including a lawful permanent resident, solely based on that individual’s dissent from U.S. foreign policy, there would be no constraints. There would be no beginning or end to such executive power,” noted Johnny Sinodis, an attorney working on Khalil’s immigration case.
“This case transcends routine immigration or habeas matters,” he added. “It intentionally sends a message of repression regarding who is allowed to speak in this country and the repercussions for one’s freedom and life if they oppose U.S. policy.”
