When Mahmoud Khalil, who played a role in pro-Palestinian protests as a Columbia University student, was taken into custody this month, the Trump administration contended that he should be deported to mitigate the spread of antisemitism, referencing a seldom-invoked law.
Mr. Khalil’s attorneys, a legal permanent resident currently being held in Louisiana, quickly asserted that the administration was retaliating against him for exercising his constitutional right to criticize Israel and advocate for Palestinian rights.
Last week, the government discreetly introduced new allegations against Mr. Khalil, claiming that he had deliberately omitted his affiliation with several organizations, including a United Nations agency aiding Palestinian refugees, when he sought permanent residency in the U.S. last March. They also alleged that he failed to disclose his employment with the British government after 2022.
The Trump administration seems to be leveraging these new accusations to circumvent the First Amendment implications presented by Mr. Khalil’s situation. On Sunday, in their opposition to his release, Justice Department attorneys argued that the new claims diminished the significance of concerns regarding Mr. Khalil’s free speech rights.
“Khalil’s First Amendment claims are just a distraction,” they stated. They further asserted that the new allegations provided an “independent basis” for his deportation.
Mr. Khalil’s legal team, who are advocating for his release in a New Jersey federal court, did not immediately respond to inquiries for comment. It is anticipated that they will contend that the new allegations are merely a pretext for ongoing retaliation against their client’s speech and for his prolonged detention away from his home and family. Mr. Khalil’s wife, an American citizen residing in New York City, is expected to deliver their child next month.
The new claims, detailed in a document from the Homeland Security Department, include Mr. Khalil’s failure to report his association with the U.N. agency or Columbia University Apartheid Divest, a coalition that sparked pro-Palestinian protests at the university. He completed his master’s degree at Columbia in December.
Moreover, the government stated that Mr. Khalil did not mention his ongoing role with the Syria Office at the British Embassy in Beirut, Lebanon, after 2022.
The efforts of Mr. Khalil’s attorneys in New Jersey to obtain his release are distinct from the ongoing immigration court proceedings in Louisiana that could result in his deportation. However, for the government to deport Mr. Khalil based on the new allegations, it would need to persuade an immigration judge that any omission was intentional and that such information would have significantly affected his eligibility for permanent residency.
The Trump administration continues to uphold its initial rationale for Mr. Khalil’s detention, citing a rarely applied law that allows the secretary of state to initiate deportation for noncitizens deemed a threat to national foreign policy interests.
Secretary of State Marco Rubio has accused Mr. Khalil of engaging in antisemitic activities, referring to protests on Columbia’s campus where, according to Rubio, students expressed support for Hamas.
Mr. Khalil’s legal representatives have denied any claims that their client promoted Hamas and have asserted that his speech is protected under the First Amendment. They intend to contest the constitutionality of the law utilized by Rubio to justify Mr. Khalil’s initial detention.
Jesse Furman, a federal judge in New York who reviewed Mr. Khalil’s case prior to transferring it to New Jersey last week, remarked that the First and Fifth Amendment issues presented in this case warranted thorough examination.
“The fundamental constitutional principle that all individuals in the United States are entitled to due process of law demands no less,” he noted.
