14 hours ago
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Mahmoud Khalil (Image Credit: AP)
A US judge on Monday has issued an order to prevent the
Trump administration
from deporting Palestinian Columbia student
Mahmoud Khalil
, who was detained on Saturday night for playing a prominent role in University’s protests against Israel.
The court will hear the case on Wednesday and till that Khalil has been moved to a federal jail for migrants in Louisiana to await deportation proceedings, according to his lawyers and a US detainee database.
"To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise," stated the Monday filing.
According to his legal representative,
Khalil
, a key figure in Columbia's student protests advocating for a Gaza ceasefire, was apprehended on Saturday night by federal immigration officials. They stated they were executing a State Department directive to cancel his green card.
Since 2023, Trump has repeatedly vowed to revoke visas of international students who participate in pro-Palestinian protests and criticize Israel's war efforts.
The legal basis for the arrest remained undisclosed by the Trump administration. However, according to two sources, Secretary of State Marco Rubio exercised his authority under the immigration and nationality act of 1952, which grants extensive powers for foreign national expulsion.
The specific clause stipulates that any "alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable."
Who is Mahmoud Khalil?
Syrian-born Khalil (1995) completed his undergraduate studies in Beirut before attending Columbia, where he obtained his graduate degree from the School of International and Public Affairs in December. He was instrumental in organising anti-Israel protests, building occupations and encampments that have affected the institution for over a year.
Khalil acted as a student negotiator during discussions with university officials regarding the dismantling of the tent encampment that appeared on campus last spring, New York Post reported.
His LinkedIn profile shows he briefly worked as a political affairs officer at UNRWA, a UN agency supporting Palestinian refugees. The agency lost significant federal funding following reports that some members participated in the October 7, 2023, Hamas attack on Israel, which resulted in 1,200 fatalities.
His prominent role in supporting the movement led pro-Israel advocates to recently urge the Trump administration to initiate his deportation.
Records shared with the AP indicate that Khalil was amongst those being investigated by a new Columbia University department, which has initiated disciplinary action against numerous students involved in pro-Palestinian activism.
His legal representative, Amy Greer, confirms Khalil holds US permanent residency with a green card. As CUAD's primary negotiator, he engaged with school administrators multiple times, including during the Gaza solidarity encampment when numerous tents occupied the Ivy League institution's lawn.
Though suspended from Columbia last April for protest participation, the decision was overturned the following day due to insufficient evidence, as Khalil informed a BBC correspondent.
He has frequently appeared on news programmes discussing the group's activities, including an Arabic-language interview with Quds News Network. Since last April, he has been documented at campus demonstrations, using bullhorns, participating in dance circles and marching whilst wearing a keffiyeh head scarf.
Sources indicate Khalil is married, and ICE detained him while his wife, eight months pregnant, was present in their flat.
Can Green Card be revoked?
A lawful permanent resident in the United States holds a green card, which grants them official residency status.
According to Cornell Law School professor Jaclyn Kelley-Widmer, who specialises in immigration law, lawful permanent residents receive substantial protections and "should be the most protected short of a US citizen."
However, these protections have limitations. Permanent residents face potential deportation for specific violations, including criminal offences, failure to report address changes to immigration authorities, or involvement in fraudulent marriages.
While Khalil and fellow Columbia University Apartheid Divest student leaders have denied antisemitism accusations, stating they belong to a broader peace movement inclusive of Jewish participants and organisations, the protest group has occasionally expressed backing for Hamas and Hezbollah leadership, both US-designated terrorist organisations.
Under the Immigration and Nationality Act, green card holders do not need to be convicted of something to be “removable,” Kelley-Widmer said. They could be deported if the secretary of homeland security or the attorney general have reasonable grounds to believe they engaged in, or are likely to engage in, terrorist activities, she said.
What things needed to deport Khalil?
In deportation proceedings, the authorities need to establish that an individual has breached American immigration regulations. Such breaches typically encompass criminal offences or significant legal infractions.
Regarding Khalil's situation, authorities must establish that his conduct extends beyond constitutionally protected speech and that his connections or conduct present a concrete threat to national security. His defence counsel asserts that no valid basis exists for withdrawing his permanent residency status or keeping him in custody.
"The government would need to prove that he's done something more than just speaking out, like offering material support to Hamas," Stephen Yale-Loehr, a retired immigration law professor at Cornell Law School, told Times Magazine. "That would be a ground of deportability."
"They can't deport only for free speech advocacy," he adds, "but if they were able to prove that he offered material support to Hamas by donating to their cause or something, then that's obviously concerning."
Currently, the specifics of how the Trump administration intends to substantiate the withdrawal of Khalil's permanent residency and subsequent deportation remain uncertain.
Tom Homan
, the Trump Administration's border czar, stated on Fox Business on Monday that federal authorities "absolutely can" deport someone who is in the country legally: "I mean, did he violate the terms of his visa? Did he violate the terms of his residency here, you know, committing crimes, attacking Israeli students, locking down buildings, destroying property? Absolutely, any resident alien who commits a crime is eligible for deportation," Homan added.
What are the next steps in Khalil's case?
Immigration lawyer John Gihon explained that Khalil would be provided with documentation detailing the reasons for his detention and potential deportation, along with a summons for immigration court proceedings.
According to standard procedures, these documents should be delivered within 72 hours after arrest, followed by an initial court appearance. This appearance typically occurs between 10 days to one month afterwards, Gihon told AP news agency.
However, Gihon noted significant delays throughout the immigration court system, with detainees frequently being transferred between various facilities.
"We are having people who are detained and then they're bounced around to multiple different detention facilities. And then sometimes they're transferred across the country," he said.
In response to Khalil's situation, his legal team has initiated legal proceedings contesting his detention. A New York City federal judge has issued a stay of deportation whilst reviewing the case. A court session is set for Wednesday.
What Columbia University said?
Columbia University issued a statement emphasising its position of non-cooperation with ICE operations unless legally mandated.
"Consistent with our longstanding practice and the practice of cities and institutions throughout the country, law enforcement must have a judicial warrant to enter non-public university areas, including university buildings," the statement indicated. The university affirmed its dedication to fulfilling legal obligations whilst supporting its students and campus community.
By Sunday evening, an online petition on Action Network calling for Khalil's release had accumulated more than 349,000 signatures.
According to Khalil's solicitor Greer, an ICE representative indicated that the agency was implementing a State Department directive to cancel both Khalil's student visa and green card, following Trump's recent announcement to remove international students deemed responsible for causing campus disturbances.
