Mahmoud Khalil Can Be Deported, Immigration Judge Rules
The judge said the Trump administration’s evidence – a two-page letter from Secretary of State Marco Rubio – is sufficient to deport Khalil under an obscure legal provision.
JENA, Louisiana – An immigration judge in Louisiana ruled on Friday that Palestinian student protest leader Mahmoud Khalil can be deported on the basis of a letter from Secretary of State Marco Rubio that says he has personally determined Khalil poses “adverse foreign policy consequences” to the US.
Khalil, clean-cut but pale, with ACLU attorney Nora Ahmed at his side, listened as Judge Jamee Comans said the Trump administration’s evidence – which primarily relied on a two-page letter from Rubio – was sufficient to deport him under a rarely used legal provision in immigration law.
“There is no indication that Congress contemplated an immigration judge or even an attorney general overruling the Secretary of State on matters of foreign policy,” said Judge Comans as she made her ruling. One supporter in the courtroom began to cry as the judge announced her decision.
The case is widely seen as a bellwether for whether the government can deport people for constitutionally protected speech, with momentous implications. Khalil, a green card holder, has been detained at the Central Louisiana ICE Processing Center in rural Jena, Louisiana, since he was arrested by immigration authorities on March 8 at his Columbia University-owned housing in New York.
Khalil has not been charged with a crime. Instead, the Trump administration alleged that his presence poses adverse “foreign policy consequences.” It later added an allegation that Khalil obtained his visa by misrepresentation in not mentioning his work for an office of the British Embassy and membership in two organizations.
Khalil’s lawyers argue that he is being targeted over constitutionally protected speech criticizing the US and Israeli governments over the war in Gaza and the treatment of Palestinians. Khalil will not immediately be deported; his attorneys have until April 23 to file evidence supporting why he should have relief from deportation.
At the end of the hearing, Khalil asked to make a statement on the record. He stood and addressed the court directly.
“I would like to quote what you said last time that there's nothing that's more important to this court than due process rights and fundamental fairness. Clearly, what we witnessed today, neither of these principles [was] present today or in this whole process,” he said. “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.”
Noor Abdalla, Khalil’s wife, called the judge’s decision “a blow to” her family in a statement after Friday’s hearing.
“No person should be deemed ‘removable’ from their home for speaking out against the killing of Palestinian families, doctors, and journalists,” Abdalla, who is a US citizen, said.
“My husband is a political prisoner who is being deprived of his rights because he believes Palestinians deserve equal dignity and freedom … This ruling is an indictment of our country’s immigration system, and does not reflect truth, justice, or the will of the American people,” she added. “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.”
‘Tacky Soviet-Style Dictat’
The government filed evidence to support its allegations on Wednesday. The two-page letter from Rubio stated: “I have determined that the activities and presence of these aliens in the United States would have potentially serious foreign policy consequences” based on information provided by DHS/ICE/HSI regarding his “antisemitic protests and disruptive activities.”
Khalil’s lawyers made an array of arguments seeking to oppose DHS’ efforts. They pointed out that Khalil has been quoted in the press explicitly condemning antisemitism, and saying Jewish people are integral to the Palestinian solidarity movement. They also argued that much of DHS’ evidence relied on “tabloids,” which contained hearsay, defamatory statements, and “racist remarks.” They pointed out that DHS seized Khalil before they had a judicial warrant.
The judge overruled all Khalil’s attorneys' objections to evidence.
Typically, a person cannot be deported under that provision for past, current, or expected beliefs, but the provision in the Immigration and Nationality Act – section 237(a)(4)(C)(i) gives the secretary of state power to deport people that he personally determines would have serious adverse foreign policy consequences.
There is precedent that a letter from the secretary of state is sufficient evidence to find someone deportable under the provision, if it states “facially reasonable and bona fide reasons.”
Baher Azmy, legal director of the Center for Constitutional Rights, called the letter a “tacky Soviet-style dictat, equal parts empty and chilling.”
During the hearing, Van Der Hout argued they had a right to depose Rubio, since the evidence relies entirely on his statement. Judge Comans denied his request.
Rubio’s statement has “absolutely nothing to do with foreign policy,” Khalil’s lawyer, Marc Van Der Hout, said in a press briefing on Thursday afternoon. He said the provision “was not supposed to be used to go after people for First Amendment-protected activity.”
What’s Next?
The case will now move on to the relief stage of proceedings, where Khalil can argue that he has a right to remain in the country. Several more hearings are expected. Under the foreign policy charge, Khalil is ineligible for bond.
Separately, a habeas petition that Khalil’s lawyers are pursuing in a federal court in New Jersey could overrule the immigration judge’s decision if that court determines Khalil’s detention is unlawful.
Van Der Hout previously warned of the precedent this sets: “Where is this going to lead? Are we going to put people in jail for speaking out against Social Security cuts? This is a dangerous slope.”
Editor’s note: This story has been updated with Noor Abdalla’s statement. It’s also been corrected to reflect that there is no hearing scheduled for April 23.
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My heart just dropped when this push notification came through.
Excellent statement by Mr. Khalil - this is not due process. And how many hundreds are stuck in Louisiana waiting to have a hearing. 💔