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The U.S. government has sidestepped a court deadline to produce evidence against Mahmoud Khalil, a Columbia University graduate student and legal U.S. resident. Instead, it submitted a two-page memo signed by Secretary of State Marco Rubio, invoking national authority to deport individuals who pose a perceived threat to American foreign policy interests.
Khalil has been a prominent voice on campus, serving as a spokesperson for student protests over Israel’s actions in Gaza. The memo makes no mention of criminal activity and instead argues that Khalil’s continued presence would hinder U.S. efforts to fight anti-Semitism.
Beliefs Under Scrutiny, Not Actions
In the memo, Rubio stated Khalil’s activities were “otherwise lawful.” However, he argued that allowing him to remain in the U.S. would interfere with federal policies intended to protect Jewish communities and students.
“Condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective,” the memo reads.
The timing of the memo is critical. It was filed shortly before a scheduled court hearing to determine whether Khalil could remain in detention while his immigration case proceeds. Judge Jamee Comans had demanded the government present concrete evidence ahead of that hearing.
Khalil’s legal team claims this memo only confirms their fears — that the deportation case has more to do with political speech than any legitimate legal concern.
“After a month of hiding the ball since Mahmoud’s late-night unjust arrest in New York and taking him away to a remote detention center in Louisiana, immigration authorities have finally admitted that they have no case whatsoever against him,” said his attorneys, Marc Van Der Hout and Johnny Sinodis.
“There is not a single shred of proof that Mahmoud’s presence in America poses any threat,” they added.
Silence on Additional Evidence, and a Broader Crackdown
The Department of Homeland Security has declined to clarify whether it holds any further evidence against Khalil. “DHS did file evidence, but immigration court dockets are not available to the public,” said spokesperson Tricia McLaughlin in an emailed statement.
Khalil, 30, is of Palestinian descent and was born in Syria. He was arrested in New York on March 8 and transferred to a Louisiana detention center. He recently completed his master’s coursework at Columbia’s School of International and Public Affairs. His American wife is expecting their first child this month.
From jail, Khalil has pushed back against accusations of antisemitism, claiming that the administration is using his case as part of a broader effort to silence criticism.
“Knowing fully that this moment transcends my individual circumstances,” he wrote in a letter, “I hope nonetheless to be free to witness the birth of my first-born child.”
Though the Rubio memo alludes to other documents, including a “subject profile” and a letter from Homeland Security, none of those were submitted to the court, according to Khalil’s attorneys.
The memo also calls for deporting a second legal resident, whose identity remains redacted.
A Larger Campaign Against Campus Dissent
This case comes amid a broader push by the Trump administration to combat what it describes as antisemitism on college campuses. Billions in federal funding have been pulled from universities and their hospitals, with government officials demanding crackdowns on protest activity in order for funds to be restored.
Additionally, the government has been revoking visas of international students who publicly criticize Israel or express support for Palestinians.
When Khalil was arrested, Homeland Security claimed he had led activities “aligned to Hamas,” a militant group responsible for an attack on Israel in October 2023. However, no evidence linking him to the group has been presented. The government’s latest filing makes no mention of Hamas at all.
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