A Louisiana immigration judge has granted the Trump administration permission to proceed with its attempt to deport Columbia University activist Mahmoud Khalil.
Assistant Chief Immigration Judge Jamee Comans determined that the U.S. assertion that Khalil poses “adverse foreign policy consequences” is “facially reasonable.”
The judge has provided Khalil’s attorneys until April 23 to submit applications for relief to prevent his deportation to Syria or Algeria based on this reasoning.
Comans has put on hold the second ground for deportation cited by the Trump administration: a claim that Khalil engaged in immigration fraud by failing to disclose details about his work history in his green card application.
These decisions were announced on Friday afternoon. Khalil’s deportation efforts are linked to his involvement in pro-Palestinian protests at Columbia University.
Although the government has not charged Khalil with any criminal offenses, it argues in immigration court that he should forfeit his green card and be deported on two civil immigration allegations.
The Trump administration has invoked a seldom-used section of immigration law that allows the government to seek the deportation of noncitizens whose “presence or activities” are believed to “have potentially serious adverse foreign policy consequences for the United States.”
Confronted with a deadline this week to present evidence against Khalil, the Department of Homeland Security submitted a memorandum from Secretary of State Marco Rubio outlining the foreign policy rationale.
Rubio did not provide specific evidence against Khalil, a 30-year-old lawful permanent resident whose American citizen wife is in the latter stages of pregnancy. However, he argued that Khalil’s presence undermines “U.S. policy to combat anti-Semitism globally and domestically, as well as efforts to safeguard Jewish students from harassment and violence within the United States.”
The Trump administration also claims that Khalil committed immigration fraud by not disclosing certain information in his green card application, including his employment with the British Embassy in Beirut and the United Nations agency for Palestinian refugees.
Khalil’s legal team has strongly criticized Rubio’s memorandum and the government’s case. They argue that the government infringes on Khalil’s right to free speech.
“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 are no limitations. This grants endless executive power,” said Johnny Sinodis, an attorney involved in Khalil’s immigration case, on Thursday.
Khalil has also filed a separate lawsuit against the government regarding his arrest, detention, and the deportation efforts. This case, brought to federal court in New Jersey, seeks a ruling requiring both Khalil’s release and Rubio to rescind his determination. Additionally, it requests a judge to prevent the Trump administration from targeting noncitizens “who engage in constitutionally protected expressive activity in the United States in support of Palestinian rights or criticism of Israel.”
