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, the Columbia University graduate and Palestinian organizer, is eligible to be deported from the United States, an immigration judge ruled on Friday during a contentious hearing at a remote court in central Louisiana.
The decision sides with the ’s claim that a short memo written by the secretary of state, Marco Rubio, which stated Khalil’s “current or expected beliefs, statements or associations” were counter to foreign policy interests, is sufficient evidence to remove a lawful permanent resident from the United States. The undated memo, the main piece of evidence submitted by the government, contained no allegations of criminal conduct.
During a tense hearing on Friday afternoon, Khalil’s attorneys made an array of unsuccessful arguments attempting to both delay a ruling on his eligibility for removal and to terminate proceedings entirely. They argued the broad allegations contained in Rubio’s memo gave them a right to directly cross-examine him.
Khalil held prayer beads as three attorneys for the Department of Homeland Security presented arguments for his removal.
Judge Jamee Comans ruled that Rubio’s determination was “presumptive and sufficient evidence” and that she had no power to rule on concerns over free speech.
“There is no indication that Congress contemplated an immigration judge or even the attorney general overruling the secretary of state on matters of foreign policy,” Comans said.
A supporter was in tears sat on the crowded public benches as the ruling was delivered.
Following the ruling, Khalil, who had remained silent throughout proceedings, requested permission to speak before the court.
Addressing the judge directly, he said: “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.’”
He continued: “Clearly what we witnessed today, neither of these principles were present today or in this whole process.
“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.”
Khalil, 30, helped lead pro-Palestinian protests at Columbia last year. He was arrested by Immigration and Customs Enforcement (Ice) officers in New York on 8 March and transferred to a detention facility in Jena, Louisiana, where he has been detained for over a month. His case was the first in a string of Ice arrests instigated by the Trump administration targeting pro-Palestinian students and scholars present in the US on visas or green cards.
The ruling means that Khalil’s removal proceedings will continue to move forward in Jena, while a separate case being heard in federal court in New Jersey examines the legality of his detention and questions surrounding the constitutionality of the government’s claims it can deport people for first amendment-protected speech if they are deemed adverse to US foreign policy.
Khalil’s legal team is asking the New Jersey judge to release him on bail so that he can reunite with his wife, who is due to give birth to their first child this month.
His lawyers slammed the decision, which they said appeared to be prewritten. “Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponization of immigration law to suppress dissent. This is not over, and our fight continues,” said Marc van der Hout, Khalil’s immigration lawyer.
“If Mahmoud can be targeted in this way, simply for speaking out for Palestinians and exercising his constitutionally protected right to free speech, this can happen to anyone over any issue the Trump administration dislikes. We will continue working tirelessly until Mahmoud is free and rightfully returned home to his family and community.”
Van der Hout told a federal judge that Khalil will file the appeal after the immigration judge who ruled him “removable” issues the final written ruling. Van der Hout added that Khalil’s legal team may also pursue an asylum case.
“So nothing is going to happen quickly in the immigration proceeding even though she’s found him removable on the foreign policy grounds,” he said.
The judge gave lawyers for Khalil until 23 April to seek a waiver.
During a short prayer vigil held outside the detention centre on Friday afternoon, a group of interfaith clergy read messages of support. A short statement from Khalil’s wife, , who is due to give birth this month, was also delivered in front of reporters.
“Today’s decision feels like a devastating blow to our family. No person should be deemed ‘removable’ from their home for speaking out against the killing of Palestinian families, doctors, and journalists,” the statement read.
It continued: “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.”
The New Jersey judge has ordered the government not to remove Khalil as his case plays out in federal court. A hearing in that case is set for later on Friday.
