A Louisiana immigration judge has ruled that the Trump administration can proceed with its efforts to deport Mahmoud Khalil, a Columbia University student and pro-Palestinian activist, citing the U.S. Secretary of State’s determination that his continued presence in the country poses a threat to U.S. foreign policy.
The ruling was issued on Friday by Assistant Chief Immigration Judge Jamee Comans, who stated that she could not second-guess a two-page memo submitted by Secretary of State Marco Rubio, which outlined the foreign policy grounds for Khalil’s removal. This memo highlights Khalil’s involvement in “antisemitic protests and disruptive activities” at Columbia University, which Rubio claims created a “hostile environment” for Jewish students. The document also asserts that Khalil’s presence undermines the U.S. administration’s efforts to combat antisemitism and protect Jewish students.
Khalil’s legal team, represented by Johnny Sinodis of Van Der Hout LLP, expressed concerns over the judge’s decision, noting that Judge Comans confirmed that as long as the memo existed, she could not question its contents. Sinodis stated during a press briefing, “She said that so long as there exists a memo, she can’t question whether there’s any explanation in the letter at all.”
Khalil’s legal representatives have been given until April 23 to seek a waiver to prevent his deportation to Syria or Algeria. The deportation process is based on Section 237(a)(4)(C)(i) of the Immigration and Nationality Act, a seldom-used provision allowing the Secretary of State to initiate removal proceedings if the continued presence of a noncitizen in the U.S. threatens foreign policy interests.
During the hearing, Khalil’s attorney, Marc Van Der Hout, criticized the rapid pace of the proceedings, which left little opportunity to contest the evidence or call upon Rubio for testimony. “It was shocking,” Van Der Hout remarked, noting that the decision to move forward with the case appeared predetermined.
Khalil’s legal team has also raised constitutional concerns, asserting that his detention and the efforts to deport him are retaliatory actions in violation of his First and Fifth Amendment rights, particularly as they relate to his pro-Palestinian activism. Amy Belsher from the New York Civil Liberties Union Foundation echoed this point during the press briefing, claiming the deportation proceedings were a direct response to Khalil’s protected speech.
As the case moves forward, Khalil continues to challenge the legality of the Immigration and Nationality Act provision under which he faces deportation, with legal battles extending into both immigration and federal courts.
