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A US immigration judge in Louisiana ruled on Friday that Mahmoud Khalil, a Syrian-born Palestinian and green card holder, can legally be deported from the country, citing “clear and convincing evidence” of his removability. The decision follows Khalil’s arrest last month by Immigration and Customs Enforcement (ICE) agents and has sparked outrage from his legal team, who argue the action is an attack on constitutionally protected free speech.
Legal Team Condemns ‘Lack of Due Process’
Khalil’s attorney, Marc van der Hout, slammed the ruling during a virtual press conference, calling it an assault on First Amendment rights. “Our constitution allows people to speak their minds,” van der Hout said. “Nazis in this country, the Supreme Court has held, are able to demonstrate, are able to express their beliefs – but not Mahmoud Khalil. The Ku Klux Klan is able to march and express its beliefs – but not Mahmoud Khalil.”
“We are going to fight for his right to speak out about what’s happening in the Middle East and speak out against what the United States is doing.”
Van der Hout and the rest of Khalil’s legal team also criticized the presiding judge, Jamee Comans, for what they perceived as a predetermined decision made prior to the two-hour hearing in immigration court.
Who Is Mahmoud Khalil?
Khalil, 30, is a permanent U.S. resident who was born in Syria and also holds Algerian citizenship. He is a graduate of Columbia University, having completed his degree in December, and is a prominent spokesperson for Columbia Apartheid Divest United, a Palestinian activist group on campus.
He was arrested by ICE agents on March 8 at his Columbia-funded apartment in Manhattan, part of a broader Trump administration crackdown on anti-Israel demonstrations at universities. A day later, Khalil was transported to an ICE detention center in Jena, Louisiana, over 1,000 miles away from his pregnant American-citizen wife.
What Are the Charges Against Mahmoud Khalil?
The government argues Khalil should be deported due to his participation in disruptive and, at times, violent protests at Columbia, including a riotous takeover of Hamilton Hall in April 2024, organized by the group he represents.
Officials invoked a little-used legal provision that allows the Secretary of State to expel noncitizens who pose a threat to U.S. foreign policy.
On Wednesday, Secretary of State Marco Rubio submitted a two-page memo claiming Khalil’s actions violate U.S. policy aimed at combating antisemitism. The memo contends that Khalil’s presence in the country fosters a “hostile environment” for Jewish students through his involvement in “antisemitic protests.”
Lawyers Claim Political Targeting
Khalil’s legal team denies the foreign policy justification, maintaining that his arrest and potential deportation are retaliatory actions against his political beliefs.
“You cannot deport someone from the country for engaging in constitutionally protected free speech,” said Johnny Sinodis, another lawyer representing Khalil.
“For now, today’s hearing and the finding by the judge sets a really dangerous precedent. If this is allowed to stand, anyone can be next. This line of thinking and this type of policy from the government is steps away from going after US citizens and I think we all have to be very cognizant of that possibility.”
In addition to immigration court proceedings, Khalil’s legal team has also filed a habeas corpus petition in New Jersey federal court, arguing that his seizure violated his First Amendment rights.
