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Detention of Mahmoud Khalil - Wikipedia

18 Jul 202561 min read

Mahmoud Khalil, a student activist at Columbia University and lead negotiator in pro-Palestinian protests and campus occupations during the Gaza war, was taken from his Columbia residential apartment building in New York City by U.S. Immigration and Customs Enforcement (ICE) agents on March 8, 2025.1 2 3 The agents did not have a warrant 4 and were acting on orders from the State Department to revoke Khalil’s student visa. When the agents were informed that Khalil is a lawful permanent resident, they said this status would be revoked instead.1 He was transported to LaSalle Detention Center in Jena, Louisiana,5 where he was held until June 20.6

The detention is the first publicly known deportation effort related to pro-Palestine activism during the presidency of Donald Trump, who threatened to punish students and others for allegedly engaging in activities aligned to Hamas.1 The White House posted a picture of Khalil with the taunting caption ” SHALOM, MAHMOUD” on social media. Khalil’s detention has received widespread backlash from civil rights organizations, members of the Democratic Party, and lawyers, who argue that it is an attack on freedom of speech and the First Amendment.7

There is no criminal charge against Khalil.8 Instead, the government’s argument depends on a section of the Cold War –era Immigration and Nationality Act of 1952 (INA), which provides that aliens in the U.S. may be deported if the secretary of state believes their presence will have serious negative consequences for U.S. foreign policy.9 10 Several journalists and human rights organizations have noted the connection between this law and McCarthyism.11 12

On April 1, 2025, New Jersey federal district judge Michael E. Farbiarz stated his court had jurisdiction over Khalil’s habeas corpus case, and issued a stay on Khalil’s deportation while the court considered a challenge to the constitutionality of his arrest and detention.13 14 On April 11, in a separate case in immigration court, Louisiana immigration judge Jamee E. Comans ruled that Khalil is deportable under Secretary of State Marco Rubio ‘s assertion that his continued presence poses “adverse foreign policy consequences”. Comans said she had no authority to question that determination.15 16 On May 28, Farbiarz ruled that the relevant section of the INA was likely unconstitutional.17 On June 11, Farbiarz ruled that Khalil should be released from detention, though he paused the order for two days to enable the government to appeal his ruling.18 The government told the court it would not release Khalil, alleging that he had not been truthful when he applied for his green card.19 On June 20, Farbiarz ordered that Khalil be released on bail, and Khalil was released from custody later that day.6

Background

Biography

Mahmoud Khalil was a graduate student at Columbia University’s School of International and Public Affairs (SIPA) at the time of the 2024 Columbia University pro-Palestinian campus occupations.1 He is an Algerian citizen with permanent residency in the U.S. under the green card program.20 21

Khalil was born in a refugee enclave in Damascus, Syria, in 1995, to Palestinian parents.22 23 His grandparents had lived in Tiberias, but were forced to leave in the 1948 Nakba.23 24 He and his family fled to Lebanon in 2012 after the onset of the Syrian civil war.25 26 Khalil has Algerian citizenship through his mother’s family, who were allegedly Algerian revolutionaries displaced to the Ottoman Empire.27

Journalist Lauren Bohn, who met Khalil in Beirut while reporting on the Syrian refugee crisis, said Khalil “often referred to himself as a ‘double refugee’ as a Palestinian in Syria and a Syrian refugee in Lebanon”.25 Bohn reported that Khalil taught himself English while working with Syrian refugees through the Syrian-American education nonprofit Junsoor.25 Simultaneously, he earned a bachelor’s degree in computer science from the Lebanese American University in Beirut.25 24 Khalil then spent years working for the British government’s Foreign, Commonwealth and Development Office, managing the Chevening Scholarship from the British embassy in Beirut and supporting diplomats with his language skills and local knowledge.26

In 2022, Khalil immigrated to the U.S. on a student visa to attend SIPA.28 He married his wife, Noor Abdalla, in New York in 2023 after a seven-year long-distance relationship. Abdalla is a U.S. citizen and a dentist.28 Khalil then received a green card in 2024.28 The couple met in 2016, when Abdalla joined a volunteer program that Khalil was overseeing in Lebanon. Abdalla was pregnant at the time of his arrest, with a due date in late April 2025.28 She gave birth on April 21, while he remained in detention in Louisiana. His attorneys requested a temporary release so that he could be with his wife during their son’s birth, but the request was denied.29 On May 22, Khalil met his son and saw his wife for the first time since he was detained. The meeting was approved by a judge despite the Trump administration’s opposition.30

Khalil completed work on his master’s degree in December 2024 and was due to graduate in May 2025.28 31 As a student, he interned for UNRWA, a United Nations relief agency that supports Palestinian refugees.25

  • First encampment (top)
  • Second encampment (bottom)

As a Columbia student, Khalil was involved with activism in solidarity with Palestine during the Gaza war. He served as a negotiator and spokesperson for students associated with the Gaza Solidarity Encampments and the Columbia University Apartheid Divest (CUAD) coalition in discussions with Columbia officials,32 1 33 and was often seen, unmasked, on the front line of protests.23 34

In a 2024 interview, Khalil said, “As a Palestinian student, I believe that the liberation of the Palestinian people and the Jewish people are intertwined and go hand by hand, and you cannot achieve one without the other.” 23 He characterized the movement as one “for social justice and freedom and equality for everyone”. Discussing concerns about antisemitism, Khalil said: “There is, of course, no place for antisemitism. What we are witnessing is anti-Palestinian sentiment that’s taking different forms, and antisemitism, Islamophobia, racism [are] some of these forms.” 24 In an interview with CNN, Khalil said, “the liberation of Palestine and the Palestinians and the Jewish people are intertwined” and that Jewish activists were “an integral part of this movement”.35

At the time, Khalil was on a student visa that required full-time enrollment. He said he avoided “high-risk” protests and communicated with the university to ensure he would not create trouble, as any suspension would jeopardize his student visa. On April 30, 2024, he received an email from Columbia suspending him for alleged participation in the Columbia tent encampments, but the university retracted the suspension within a day after reviewing their evidence. The Columbia University’s president’s office called him to apologize for the mistake.36

Columbia administrators described Khalil as a principled, good-faith negotiator who worked with them to reduce encampments.34 In September 2024, after new demonstrations began on campus, Khalil said students would continue to protest as long as “Columbia continues to invest and to benefit from Israeli apartheid ”, and that this might include further encampments or other forms of protest.37

On March 6, 2025, the Associated Press reported that Columbia University’s newly created Office of Institutional Equity (OIE) had opened investigations of a number of students to address allegations that they had engaged in anti-Israel or antisemitic discrimination. Amy Greer, a lawyer advising several students, said that Columbia was bowing “to governmental pressure to suppress and chill protected speech”.38

The university’s allegations against Khalil focused on his alleged involvement in the Columbia University Apartheid Divest coalition and his alleged role in organizing what the university administration called an “unauthorized marching event”, in which some participants purportedly glorified the October 7 Hamas-led attack on Israel, and circulating social media posts critical of Zionism.1 Khalil told the Associated Press: “I have around 13 allegations against me. Most of them are social media posts that I had nothing to do with”.38 Columbia threatened to block Khalil from graduating for refusing to sign a non-disclosure agreement but withdrew the threat after Khalil appealed through a lawyer.38

Columbia University Apartheid Divest (CUAD) was a coalition of over 120 student organizations at Columbia University that formed after Columbia’s administration irregularly banned chapters of Students for Justice in Palestine and Jewish Voice for Peace in November 2023.39 40 41 42 CUAD demanded that Columbia stop investing its $14.8 billion endowment in companies supporting Israel’s government,28 dismantle a university outpost in Tel Aviv, and end collaboration with Israeli universities.43 In referendums, the student bodies at Columbia and affiliated Barnard College voted in favor of these initiatives by large margins.44 45

CNN and The New York Times reported that CUAD became more “hard-line” in its rhetoric over time.46 47 On October 8, 2024, the group posted that it supported Palestine fighting for “liberation by any means necessary, including armed resistance” and would no longer “pander to liberal media to make the movement for liberation palatable”.47 The Washington Post reported that CUAD had praised Hamas and Hezbollah leadership in online posts.48

Prior to his arrest, Khalil was targeted by an online campaign to have him deported.49 Far-right Jewish group Betar US posted on Twitter in January 2025 that it had given his information to “multiple contacts” and that ICE was “aware of his home address and whereabouts”.50 Canary Mission, a pro-Israel doxing website, also compiled a webpage about him.34 According to an email Khalil sent to Columbia president Katrina Armstrong on March 7, the campaign was led by Columbia affiliates Shai Davidai and David Lederer, who had labeled him a “security threat” and called for his deportation.50 The New York Times said that Davidai “called on Marco Rubio to deport Mr. Khalil”.49 Khalil urged Armstrong and Columbia to “intervene and provide the necessary protections to prevent further harm” and asked for legal support for himself and other international students threatened with deportation.50

After Khalil attended a protest at Barnard in early March 2025, Ross Glick, a pro-Israel activist, met with aides to United States senator John Fetterman and Ted Cruz to discuss Khalil.51 According to Glick, the aides promised that their respective senators would “escalate” attention to Khalil.51

According to Khalil’s wife, he was subject to an “intense” campaign in the week before his arrest, when false claims were spread about him.52 The day before his detention, Khalil privately reported to Columbia officials incendiary statements that had inspired hateful responses and calls for his deportation, saying, “I haven’t been able to sleep, fearing that ICE or a dangerous individual might come to my home”.50 Zeteo reported that these included a “threatening post by the pro-Israel organization Betar in January”, in which the group claimed “that he said ‘Zionists don’t deserve to live’—a statement Khalil ‘unequivocally’ denied making”.50 The quote came from a different student, who was expelled.34

On March 10, the White House posted a taunting picture of Khalil with the caption “SHALOM, MAHMOUD” from its official accounts on social media.53 In a statement on March 11, Trump said of Khalil and other pro-Palestine protesters: “If you support terrorism, including the slaughtering of innocent men, women, and children, your presence is contrary to our national and foreign policy interests, and you are not welcome here” and “I think we ought to get them all out of the country. They’re troublemakers, they’re agitators, they don’t love our country.” 53

While campaigning for a second term as U.S. president, Trump consistently said he would cancel the visas of international students who take part in pro-Palestinian protests. At a rally on October 16, 2023, he said, “Under the Trump administration, we will revoke the student visas of radical, anti-American and antisemitic foreigners at our colleges and universities, and we will send them straight back home”.54

After taking office, Trump signed Executive Order 14188 on January 29, 2025.55 Among other things, the order singles out institutions of higher education and calls for the deportation of students with visas who have broken laws during any anti-Israel protest since the October 7 attacks.56 55

Khalil’s arrest occurred during a period of heightened federal scrutiny of Columbia University. The day before the arrest, the Trump administration canceled approximately $400 million in federal grants and contracts to Columbia, citing an alleged failure to protect Jewish students from antisemitic harassment on campus.33 Columbia said it was reviewing the government’s actions and remained committed to combating antisemitism while ensuring its community’s safety and well-being.57 58 The administration subsequently wrote to 60 other universities “under investigation for Title VI violations relating to antisemitic harassment and discrimination” to warn them of potential penalties.59 60

On March 4, 2025, Trump said federal funding would stop for any school “that allows illegal protests”, that “agitators” would be imprisoned or deported, and that American students would be expelled or arrested.61 The U.S. State Department said it would use artificial intelligence to review thousands of student visa holders’ social media accounts as well as news reports of demonstrations to identify foreign nationals allegedly engaging in antisemitism as part of new ” catch and revoke ” policy.62

At around 8:30 pm on March 8, multiple ICE officers took Khalil from the lobby of his apartment building in Columbia University housing.63 64 Khalil’s wife, Noor Abdalla, said that when she and Khalil were returning home from an Iftar dinner, an ICE officer followed them into their building. The agent asked Khalil to confirm his identity, which he did. The officer told Khalil to give his wife the keys to their apartment so that she could go upstairs. When she refused to leave, the officer said, “I will arrest you, too”.31 Abdalla retrieved Khalil’s immigration paperwork from their apartment and gave it to an agent. She says the agent told someone on the phone, “This guy has a green card”; the person on the other end said to “bring him anyway”.34

Khalil called his lawyer, Amy Greer, from the building’s lobby.63 She spoke over the phone with one of the agents, who told her they were acting on State Department orders to revoke Khalil’s student visa. Greer said that when she told the agent Khalil was a permanent resident of the U.S. in possession of a green card, the agent responded that they would revoke the green card instead.1 Greer said the ICE agents told her they had a warrant.65 When Greer said she needed to see the warrant before Khalil could be detained, the agent hung up.63 65

Abdalla said they were not shown a warrant and that “within minutes, they had handcuffed Mahmoud, took him out into the street and forced him into an unmarked car”.31 A video of the arrest shows the agents refusing to give their names and ignoring Abdallah’s requests that they identify the agency they represented or speak to Greer on the phone.66

A Columbia spokesperson said law enforcement agents must produce a warrant before entering university property, but declined to say whether the university had received a warrant for the ICE agents to access Khalil’s building. The spokesperson also declined to comment on the arrest.1

On March 9, Greer said she was uncertain of Khalil’s whereabouts, but that he could be as far away as Louisiana.49 67 Abdalla, who was eight months pregnant at the time, sought to visit him at a detention center in New Jersey, but was told he was not there.49 Khalil was ultimately detained at the LaSalle Detention Center in Jena, Louisiana.67 In a court document, his lawyers later stated he had felt like he was being kidnapped.68 He dictated an open letter over the phone from detention, saying he was a political prisoner and that the case against him was “part of a broader strategy to suppress dissent” by the Trump administration.69

Court documents later revealed that the ICE agents did not have a warrant during Khalil’s arrest, but had been notified by ICE Enforcement Removal Operations that a charge of removability “had been approved” by the Secretary of State.70 Attorneys for the government alleged that after Abdalla went to the apartment to retrieve his paperwork, Khalil was uncooperative and told the agents he would leave the scene.70 They alleged that the ICE agents thus had reason to believe he would escape, an exigent circumstance that allowed them to arrest Khalil inside the building lobby without a warrant.70 A Department of Homeland Security official said, “When he tried to walk away, he was arrested. An administrative arrest warrant was executed at the time of his booking, as is the custom.” 70 A lawyer for Khalil said the government was “fatuously lying” and that there was “no reason they couldn’t get a warrant”.70

On March 18, 2025, a letter Khalil dictated to his family over the phone was released.71 72 In the letter, he identified himself as a Palestinian political prisoner.73 72 He said he was arrested because he exercised his right to free speech and “advocated for a free Palestine”.72

On April 4, 2025, the Columbia Daily Spectator, the university’s student newspaper, published “A Letter to Columbia”, an op-ed Khalil dictated over the phone from detention.74 75 76 In it, Khalil addresses the Columbia community, describing his detainment and the circumstances to it.77 74 75 76 He describes his detention by plainclothes officers as an abduction and the Trump administration’s campaign against international students protesting in solidarity with Palestine as one of intimidation and kidnapping.74 He criticizes the Columbia trustees, writing: “Faced with a movement for divestment they couldn’t crush, your trustees opted to set fire to the institution they’re entrusted with.” 76 He encourages students and faculty who have not yet done so, or who have done so only performatively or superficially, to join the student movement and build on the momentum gained over the previous year, concluding: “History will redeem us, while those who were content to wait on the sidelines will be forever remembered for their silence.” 76

On April 17, days after Louisiana immigration judge Jamee E. Comans declared Khalil deportable, The Washington Post published an op-ed by Khalil 78 in which he criticized the Trump administration for eroding his rights 79 and identified with some aspects of the experience Viktor Frankl describes in his 1946 book Man’s Search for Meaning, such as “not knowing what fate awaits me; seeing resignation and defeat in my fellow detainees”.80 Khalil criticized the “breakneck speed” with which his case is being heard and decided, saying that it is running “roughshod over due process”.80

On Mother’s Day, May 11, two weeks after his son was born, Khalil wrote an open letter to his son. He wrote of the government’s cruelty in not allowing him to be with his wife for their son’s birth, and of his love for their son. He also connected his absence to the cause of Palestinian liberation, saying that he would fight for his son and “for every Palestinian child whose life deserves safety, tenderness, and freedom”.81

United States district judge Jesse Furman ( pictured ) granted a writ of habeas corpus on March 10.

Khalil has not been charged with a crime and is not alleged to have engaged in any activity legally prohibited to U.S. residents.82 83 Authorities have not alleged he provided material support to a proscribed organization.52 Removal procedures were initiated under section 237(a)(4)(C)(i) of the Immigration and Nationality Act of 1952, which permits deportation of aliens who are in the country legally if the Secretary of State believes their presence risks “potentially serious adverse foreign policy consequences”.84 Khalil’s attorneys have called this an “obscure” and “rarely used” section of the act.83 Two University of California professors analyzed public data for over 11 million immigration deportation cases, and found that this section had been used only 15 times prior to its use by the Trump administration.85

District court

According to the American Civil Liberties Union, Khalil’s legal team is arguing that Khalil’s “arrest and continued detention violate his constitutional rights, including rights to free speech and due process, and that they go beyond the government’s legal authority.” 86

Greer filed a petition for writ of habeas corpus in the Southern District of New York very early in the morning on March 9, and the next day Judge Jesse Furman ruled that Khalil could not be removed from the U.S. while the court assessed the case.87 At a March 12 hearing, the government argued for a change of venue to either New Jersey or Louisiana, where Khalil had been held in detention.88 His lawyers asked that he be returned to New York, but Khalil remained detained in Louisiana.89 After hearing that Khalil had not yet been able to have any private conversations with his attorneys, Furman ordered that he be allowed two privileged phone calls with them.90

On March 13, attorneys for Khalil filed an amended petition for writ of habeas corpus, adding Trump, Rubio, and others as respondents.91 On March 19, Furman ruled that the case would be transferred to New Jersey, where Khalil was held in detention at the time the initial habeas corpus petition was filed.92 Later that day, the case was assigned to Judge Michael E. Farbiarz, who ordered sua sponte that the government not remove Khalil from the country pending further order of the court.93 Shortly after, the government filed additional allegations in that case, telling the court that Khalil had willfully failed to disclose material information when he applied for a green card in 2024: his internship with UNRWA, his having worked for the British embassy in Beirut beyond 2022, and his association with Columbia University Apartheid Divest.94

On April 1, Farbiarz rejected the government’s request to move the habeas corpus case to Louisiana or dismiss it.13 On April 29, Farbiarz ruled that he has jurisdiction over the motions submitted by Khalil’s attorneys, including his free speech challenges and “an injunction vacating the secretary of state’s determination” in his immigration court case.95 Khalil’s attorneys said they would continue to seek bail and a preliminary injunction to release Khalil from custody while his immigration case proceeded.96 The next week, Farbiarz ordered the government to give him an annotated list of all previous instances in which it had used section 237(a)(4)(C)(i) or its predecessor as a basis for deportation.97

On May 28, Farbiarz ruled that the section of the Immigration and Nationality Act under which the government sought to deport Khalil is likely unconstitutional, as it is too vague, and because an ordinary person probably would not know that it “could be used against him based on his speech inside the United States”. He did not rule on whether the government’s actions infringed on Khalil’s First Amendment rights.17 He also rejected Khalil’s request for a preliminary injunction, saying that Khalil’s lawyers had not provided sufficient information in response to the government’s assertion that he had failed to disclose material information when he applied for his green card. Farbiarz gave them additional time to address that charge.98 On June 11, Farbiarz ruled that Khalil should be released from detention, though he paused the order for two days to enable the government to appeal his ruling.18

The government did not appeal, but argued against Khalil’s motion for immediate release on the basis that allegations that Khalil lied on his green card application, which were not addressed by the previous ruling, authorized his continued detention. On June 13, Farbiarz ruled that there was insufficient evidence that Khalil’s detention on those grounds was unlawful and suggested that the proper forum for Khalil’s release was to seek bail from the immigration court in Louisiana.99 But after a hearing on June 20, Farbiarz ordered that Khalil be released on bail.6 On June 21, Khalil was released and returned to New York, surrounded by supporters and Representative Alexandria Ocasio-Cortez in Newark International Airport.100

Immigration court

Khalil also faced separate proceedings before an immigration judge in Louisiana. United States immigration judges are employees of the executive branch, not the judiciary, and thus do not address constitutional concerns. The judge, Assistant Chief Immigration Judge Jamee E. Comans, said she would focus only on whether Khalil could be removed from the United States under the law.14

Khalil first immigration court hearing was scheduled for March 27.84 Khalil instead appeared before the immigration judge on March 21, and at his lawyer’s request, the judge postponed his hearing to April 8.101 102

On April 8, Khalil had an immigration hearing at the LaSalle Immigration Court in Jena, Louisiana. At the hearing, Comans said she might order Khalil’s release unless the government provided Khalil’s lawyers with evidence that he was removable within 24 hours. She also set another hearing for April 11, giving Khalil’s lawyers time to respond. During the hearing, a dozen allegations were levied against Khalil, including that he withheld information from the Department of Homeland Security about his alleged membership in CUAD, and that his “presence or activities in the United States would have serious adverse foreign policy consequences”. Khalil’s lawyer responded “deny” to each allegation.103 104 105

On April 10, the government submitted a two-page memo from Rubio stating that Khalil’s presence in the U.S. undermines “U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States”.106 The memo did not allege that Khalil had done anything illegal.106 Instead, it stated that Khalil should be deported due to “past, current, or expected beliefs, statements, or associations that are otherwise lawful”, citing Khalil’s having taken part in “antisemitic protests and disruptive activities”.107 Khalil’s attorneys responded that he was being targeted for his speech, and said they would ask the judge to allow them to question Rubio about his claims.106 108 Comans denied the request, explaining that the court was “neither inclined or authorized” to compel such testimony.14

On April 11, Comans ruled that Khalil is deportable under Rubio’s assertion that his continued presence poses a risk of an “adverse foreign policy consequence”. She said she had no authority to question that determination. She gave Khalil’s lawyers a deadline of April 23 to file applications to stop his deportation and said she would file an order of removal to either Syria or Algeria if they failed to meet the deadline.16 109

Khalil submitted an application for asylum as well as a motion to terminate based on Fourth Amendment violations.110 86 On April 24, the government rebutted the Fourth Amendment concerns by alleging Khalil was uncooperative and gave the ICE agents reason to believe he would escape, an exigent circumstance that allowed them to arrest Khalil at his apartment building without a warrant.70 A lawyer for Khalil said in a statement that it was “outrageous” the government had “tried to assert to the immigration judge—and the world—in their initial filing of the arrest report that there was an arrest warrant when there was none.” 110 On May 22, Comans ruled against the Fourth Amendment challenge and held a hearing to consider Khalil’s request for asylum and for withholding of removal to Syria and Algeria. Both Khalil and expert witnesses testified that the publicity the case had received would make him a target if he were deported. His lawyer also “submitted over 600 pages of documents, declarations and expert analyses” in support of the claim. Comans set a June 2 deadline for both sides to submit written closing statements.111

In addition to Amy Greer, Khalil’s legal representation in his habeas corpus case includes attorneys from the American Civil Liberties Union, Creating Law Enforcement Accountability & Responsibility (CLEAR), and the Center for Constitutional Rights.91 112 113 CLEAR is a legal aid group at the City University of New York (CUNY) School of Law.112 114 His lawyers are seeking his release while the federal and immigration court cases continue; the government opposes this.101 He is represented by Marc Van Der Hout and Johnny Sinodis in his immigration case in Louisiana.106

Government statements

Government officials have informally accused Khalil of leading “activities aligned to Hamas”.115 The government has not publicly provided any evidence of this claim, which Khalil denies. His attorneys have called it “false and preposterous”.116 52 117 White House press secretary Karoline Leavitt also alleged Khalil distributed flyers with a Hamas logo; as of mid-March, neither Leavitt nor ICE had publicly provided proof of the existence of such flyers, though Leavitt said the flyers were being stored on or inside her desk.118 119 Khalil’s lawyers deny that he distributed such flyers.34

The Trump administration defended its actions, with Secretary of State Marco Rubio announcing plans to revoke more people’s visas or green cards.120

Department of Homeland Security deputy secretary Troy Edgar defended the detention. When asked to explain what conduct merited Khalil’s removal from the U.S., and specifically how Khalil had supported Hamas, Edgar said, “I think if he would have declared he’s a terrorist, we would have never let him in”, repeatedly referring to Khalil as a visa-holder despite having been corrected that he is a legal permanent resident.121 122 ICE executive associate director for enforcement and removal operations Tom Homan said Khalil is a national security threat.123 124

An NBC News analysis of documents related to the case found that the government relied on unverified tabloid journalism and made “clearly erroneous” claims about Khalil’s work history.35

Section 237(a)(4)(C)(i) of the Cold War -era Immigration and Nationality Act of 1952 (INA) provides that a foreign national can be deported if the Secretary of State believes their presence risks “potentially serious adverse foreign policy consequences”.84

In Massieu v. Reno (1996), the most recent case to address this provision of the INA, U.S. district court Judge Maryanne Trump Barry found it unconstitutional.125 126 She ruled that it violated due process by denying aliens a meaningful opportunity to challenge charges, was unconstitutionally vague by failing to clearly define prohibited conduct, and unconstitutionally delegated “wholly unguided and unreviewable discretion” over deportations to the Secretary of State. The Third Circuit Court of Appeals later reversed Barry’s decision without addressing the constitutionality question, ruling that the alien must exhaust the immigration court process before seeking relief in district court.127

In Matter of Ruiz-Massieu (1999), the U.S. Board of Immigration Appeals (BIA) ruled that the Secretary of State’s determination of deportability under the statute is presumptively valid if it is “facially reasonable” and based on a bona fide foreign policy concern; as an immigration court, the board could not address the statute’s constitutionality.128 Immigration courts are part of the Department of Justice,129 130 and BIA rulings can be appealed to a circuit court of appeals,131 in particular when a case raises a matter of law or constitutionality.132 The BIA decision noted that Congress created a higher standard for deportation if the basis for deporting the alien is “solely on the grounds of beliefs, statements, or associations which would be lawful if performed within the United States”. In such cases, the Secretary must determine that the defendant’s presence would damage a “compelling” U.S. foreign policy interest, a higher standard than deportation based merely on the person’s presence itself.133 134

Just Security wrote that in Bridges v. Wixon (1945), the Supreme Court protected Australian union organizer Harry Bridges from being deported for his pro-labor speech, holding that the First Amendment was applicable to aliens.135 In Harisiades v. Shaughnessy (1952), the Supreme Court allowed deportations of aliens involved in communist groups, though it read First Amendment protections narrowly instead of rejecting their applicability.136 The court has never recanted its statement that the First Amendment protects aliens.135 Citing these cases, Nadine Strossen said that the constitutional issues relating to immigrants’ First Amendment rights are complex and not easily resolvable in cases like Khalil’s.136 Ilya Somin argued that the First Amendment was intended to limit government’s conduct rather than to grant a right to a special class (such as citizens or green card holders).137

Five free speech groups— Foundation for Individual Rights and Expression, The Rutherford Institute, the First Amendment Lawyers Association, the National Coalition Against Censorship, and PEN America —filed an amicus brief arguing that the law under which the Trump administration is attempting to deport Khalil is unconstitutional and asking for a preliminary injunction.138 139 Over 150 immigration law scholars filed another amicus brief calling Rubio’s use of this section of the INA “unprecedented”.140

Greg Chen and Amy Grenier of the American Immigration Lawyers Association have noted that use of this section of the INA requires Rubio to notify Congress of the “facially reasonable and bona fide reasons” that someone is a security threat.140

On March 13, the New York chapter of the Council on American–Islamic Relations said it was suing Columbia and the House of Representatives Committee on Education and Workforce on grounds related to Columbia’s sharing of student records with the committee. The suit was filed on behalf of Khalil and several other students.141 On March 20, Judge Arun Subramanian enjoined Columbia from sharing any records, pending a hearing.142

On March 24, several victims of the October 7 Hamas-led attack on Israel in 2023 sued four organizations associated with the pro-Palestinian protests at Columbia: Within Our Lifetime – United for Palestine, Columbia Students for Justice in Palestine, Columbia–Barnard Jewish Voice for Peace, and Columbia University Apartheid Divest. Several students described as the organizations’ leaders, including Khalil, were named as defendants. The suit alleges that the defendants coordinated with Hamas, served as its “propaganda arm”, and had foreknowledge of the Hamas-led attack in 2023.143 144 A National Jewish Advocacy Center attorney denied that the deportation order had influenced the lawsuit’s timing.145

Reactions

Protesters against Khalil’s detention in New York City

Khalil’s arrest has been criticized by groups such as the Foundation for Individual Rights and Expression,146 Amnesty International,147 the American Civil Liberties Union,146 the California Faculty Association,148 the First Amendment Coalition,149 the Center for Constitutional Rights,150 and Writers Against the War on Gaza;151 and individuals including Michael Thaddeus,152 Zohran Mamdani,146 Brad Lander,146 Ben Burgis,153 Katherine Franke,154 Jameel Jaffer,146 Sonja West,155 Robby Soave,156 and Charlie Pierce.157

Some conservatives who support the Trump administration’s broader deportation plans expressed unease at Khalil’s arrest.158 Conservative commentator Ann Coulter indicated concern about the arrest’s constitutionality;149 Matthew Bartlett—a Republican strategist and State Department advisor during the first presidency of Donald Trump —expressed apprehension at the apparent contradiction with JD Vance ‘s advocacy for freedom of speech;158 and The American Conservative editor Andrew Day wrote that, while Khalil should not have been admitted to the U.S. in the first place, upon arrival he “obtained the right to protest and express his political views”.159 Journalist Mona Charen opined similarly.160 Former Trump adviser Mercedes Schlapp expressed support for Khalil’s arrest and said U.S. Representative Rashida Tlaib should be deported, though Tlaib is a natural-born U.S. citizen from Detroit.161 Political commentator Ben Shapiro also signaled support for Khalil’s deportation.162

After Khalil’s arrest, demonstrations protesting his detention were held in New York City,163 and within a few days, an online petition calling for his release had received more than three million signatures.164 Other rallies were held at Federal Plaza in Chicago and at Stanford University.165

Foundation for Individual Rights and Expression legal director Will Creeley called Department of Homeland Security deputy secretary Troy Edgar ‘s NPR interview defending Khalil’s detention “stunning” and said his “conflation of protest and terrorism stopped me cold”.122 Washington Post columnist Shadi Hamid wrote that the interview was the latest confirmation from the Trump administration that “Khalil’s arrest has no basis”.122 In The Nation, Dima Khalidi described the administration’s actions as McCarthyist red-baiting that weaponize antisemitism.166

The Council on American-Islamic Relations,167 the American-Arab Anti-Discrimination Committee,168 the Arab American Institute 168 criticized the arrest.

Jewish Americans

According to the Jewish Telegraphic Agency (JTA), Khalil’s detention “divided Jews”; an unscientific survey of its readers found a “slight majority” supported Khalil’s deportation.169 Jewish Currents reported that Jewish American organizations were split on the question: “mainstream groups have remained silent, and liberal Zionist and anti-Zionist Jewish organizations have sharply condemned it”.170

Jewish members of the Columbia University faculty protested Khalil’s arrest on campus on March 10,171 and several Jewish groups expressed concern about or opposition to his detention,172 including J Street,172 Jewish Voice for Peace,172 the Jewish Council for Public Affairs,172 Jews for Racial and Economic Justice,173 IfNotNow,174 and Bend the Arc.175 These concerns were echoed by several Jewish individuals, including Jonathan Jacoby,174 Erwin Chemerinsky,176 Noah Feldman,177 and Jill Stein.178 More than one of the groups said the Trump administration was using antisemitism as an excuse for an authoritarian agenda.174 Jewish Voice for Peace organized a sit-in at Trump Tower in Manhattan on March 13 during which protesters chanted “Free Mahmoud Khalil”.179 About 300 protesters participated, and almost 100 were arrested.180

In an op-ed for The Free Press, Alan Dershowitz criticized public support given to Khalil’s views while also calling for civil liberty groups to “defend his First Amendment right not to be punished (in this case deported)“.181

The Anti-Defamation League (ADL), the Orthodox Union, and Betar US praised Khalil’s arrest as an effort to stop antisemitism on college campuses.146 174 175 The ADL said his detention “illustrates [the Trump administration’s] resolve by holding alleged perpetrators responsible for their actions”, but that any immigration status actions must follow due process.146

Elected officials

On March 11, 14 House Democrats wrote to Secretary of Homeland Security Kristi Noem calling Khalil’s arrest and detention an “illegal abduction” and demanding his release.182 Other congressional Democrats spoke out individually, including Senators Dick Durbin, Chris Murphy, and Chuck Schumer and Representatives Alexandria Ocasio-Cortez, Jerry Nadler, and Jamie Raskin.182 183 On March 14, over 100 House Democrats sent Noem and Rubio a letter saying that the attempt to punish Khalil for his speech evoked McCarthyism and “is the playbook of authoritarians” and asking that the administration respond to specific questions about its use of the 1952 Immigration and Nationality Act (INA).184 This was followed by another letter to Noem and Rubio from eight Democratic senators on March 21, noting in part that the INA required Rubio to notify Congress of his specific reasons for believing that Khalil’s lawful residency posed a serious threat to foreign policy.185

Twenty congressional Republicans gave statements to the Washington Reporter, lauding the Trump administration’s effort to deport people they see as terrorist sympathizers.186 House Speaker Mike Johnson called Khalil a “mastermind” of the protests at Columbia and encouraged the revocation of student visas.187

Attorney General of New York Letitia James said she was “extremely concerned about the arrest” and her office was “monitoring the situation”.188 New York Governor Kathy Hochul and New York City Mayor Eric Adams declined to opine on the arrests. Adams complained that the level of public support expressed for Khalil eclipsed the level of support he (Adams) received after his own arrest on bribery and wire fraud charges.189 190

See also

Notes

References

Footnotes

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 shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section. ↩

  133. Interim Decision #3400, In re Mario Salvador Ruiz-Massieu, File A74 163 285 - Newark, U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals, June 10, 1999. https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3400.pdf. ↩

  134. Peter Margulies and David A. Martin, *The Khalil Case and the Difference Lawful Permanent Resident Status Makes*, The Lawfare Institute, March 25, 2025. https://www.lawfaremedia.org/article/the-khalil-case-and-the-difference-lawful-permanent-resident-status-makes. ↩

  135. Arulanantham, Ahilan; Cox, Adam (March 12, 2025). “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)“. Just Security. Archived from the original on March 14, 2025. Retrieved March 15, 2025. The Supreme Court long ago stated, without qualification, that “[f]reedom of speech and of press is accorded aliens residing in this country.” The case in which the Court made this statement, Bridges v. Wixon, concerned an Australian union organizer who lived much of his life in Southern California
 in [no subsequent case] has the Court walked back its statement that noncitizens living in the United States are protected by the First Amendment. ↩ ↩2

  136. Nicastro, Jack (March 10, 2025). “Is it constitutional to deport immigrants for political speech?“. Reason. Archived from the original on March 14, 2025. Retrieved March 15, 2025. Strossen points to decades of legal precedent and case law to describe the complexity surrounding the constitutionality of the ‘catch and revoke’ policy. In support of immigrants’ First Amendment rights is Justice Frank Murphy’s concurring opinion in the 1945 case, Bridges v. Wixon
 However, the Supreme Court ruled in 1952 that legal aliens could be deported for membership in the Communist Party without violating the First Amendment in Harisiades v. Shaughnessy. The decision was made at a time when ‘the First Amendment didn’t protect the right of American citizens to espouse terrorism’
 ↩ ↩2

  137. Soave, Robby (March 13, 2025). “Mahmoud Khalil is an easy call”. Reason. Retrieved March 28, 2025. The First Amendment’s protection for freedom of speech, like most constitutional rights, is not limited to US citizens,” [Somin] writes. “The text of the First Amendment is worded as a general limitation on government power, not a form of special protection for a particular group of people, such as US citizens or permanent residents. ↩

  138. Sullum, Jacob (March 24, 2025). “FIRE says the law Trump is using to deport Mahmoud Khalil is unconstitutional. Trump’s sister agreed”. Reason.com. Retrieved March 25, 2025. ↩

  139. “FIRE and civil liberties groups challenge ‘unconstitutional retaliation’ against Mahmoud Khalil”. The Foundation for Individual Rights and Expression. March 20, 2025. Retrieved March 25, 2025. ↩

  140. Lartey, Jamiles (April 5, 2025). “Are People Who Aren’t Citizens Protected by the First Amendment?“. The Marshall Project. Retrieved April 10, 2025. ↩ ↩2

  141. See: ↩

  142. Lonas Cochran, Lexi (March 20, 2025). “Judge tells Columbia not to give House GOP student data until after Tuesday hearing”. The Hill. Retrieved March 20, 2025. ↩

  143. Stempel, Jonathan (March 24, 2025). “Lawsuit Says Palestinian Advocates at Columbia University Further Hamas’ Propaganda”. Reuters. Retrieved March 25, 2025. ↩

  144. Starr, Michael (March 25, 2025). “Anti-Israel groups aided Hamas on campus, knew of attack beforehand, Oct. 7 victims say in lawsuit”. The Jerusalem Post. Archived from the original on March 25, 2025. Retrieved March 28, 2025. Leading US-based anti-Israel activist groups, including Columbia University Apartheid Divest and Within Our Lifetime, and heads like Mahmoud Khalil had prior knowledge of the October 7 Massacre [
] ↩

  145. Cohen, Benyamin (March 25, 2025). “Oct. 7 victims sue Columbia student groups and protest leaders, alleging Hamas support”. The Forward. Archived from the original on March 28, 2025. Retrieved March 28, 2025. Arielle Klepach, an attorney with the National Jewish Advocacy Center, said Khalil had drawn attention from their legal team ‘because of his leadership role’ in campus protests—scrutiny that predated his detention by immigration authorities. ↩

  146. Betts, Anna (March 10, 2025). “‘Reeks of McCarthyism’: outrage after Ice detains Palestinian student activist”. The Guardian. Retrieved March 10, 2025. ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7

  147. “Release Mahmoud Khalil!”. amnesty.org. Amnesty International. Retrieved March 20, 2025. ↩

  148. “CFA Statement Demanding Release of Mahmoud Khalil and on Attacks on Free Speech and Academic Freedom”. calfac.org. California Faculty Association. March 21, 2025. Retrieved March 21, 2025. ↩

  149. Toledo, Aldo (March 10, 2025). “Mahmoud Khalil arrest: Bay Area critics say detention of pro-Palestinian activist is ‘a move toward fascism’“. San Francisco Chronicle. Retrieved March 10, 2025. ↩ ↩2

  150. Gregorian, Dareh (March 11, 2025). “Arrest of Mahmoud Khalil raises legal questions around deporting legal permanent residents”. NBC News. Retrieved March 11, 2025. ↩

  151. GonzĂĄlez-RamĂ­rez, Andrea (March 10, 2025). “ICE Arrests Palestinian Student-Protest Leader at Columbia”. New York. Archived from the original on March 10, 2025. Retrieved March 10, 2025. ↩

  152. Florido, Adrian (March 10, 2025). “Arrest of pro-Palestinian protester shows escalation in Trump deportation efforts”. NPR. Retrieved March 10, 2025. ↩

  153. Burgis, Ben (March 10, 2025). “Trump is bragging about ICE arresting a legal immigrant for ‘bad’ speech”. MSNBC. Archived from the original on March 11, 2025. Retrieved March 10, 2025. ↩

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  155. Ellison, Sarah (March 13, 2025). “Mahmoud Khalil’s arrest violates First Amendment protections, lawyers say”. Washington Post. Retrieved March 13, 2025. ↩

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  157. Pierce, Charles (March 10, 2025). “So We’re Disappearing People Now?“. Esquire. Retrieved March 10, 2025. ↩

  158. Ward, Myah (March 10, 2025). “Trump’s arrest of Columbia student marks new turn in immigration crackdown debate”. Politico. Archived from the original on March 12, 2025. Retrieved March 13, 2025. ↩ ↩2

  159. Day, Andrew (March 19, 2025). “Mahmoud Khalil, Viewed From the Right”. The American Conservative. Retrieved March 20, 2025. ↩

  160. Charen, Mona. “Mahmoud Khalil Has Rights, Dammit”. The Bulwark. Archived from the original on March 13, 2025. Retrieved March 28, 2025. If I were vested with plenary authority to decide who could come to the United States, I would turn away someone like Mahmoud Khalil, who not only participates in but leads an organization that cheers terroristic violence. But no one in America has that plenary authority—we have laws and procedures, and under those laws, Khalil became a legal permanent resident. As such he enjoys most of the rights of a citizen. ↩

  161. Baragona, Justin (March 12, 2025). “CPAC leader calls for US-born congresswoman to be deported alongside Columbia activist Mahmoud Khalil”. The Independent. Retrieved March 12, 2025. ↩

  162. Shapiro, Ben (March 12, 2025). “Yes, Non-Citizen Terror Supporters Should Leave”. Creators Syndicate. Retrieved March 20, 2025. ↩

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  164. Rahman, Billal (March 13, 2025). “Mahmoud Khalil petition more popular than $2,000 stimulus checks”. Newsweek. Retrieved March 16, 2025. ↩

  165. Burke, Minyvonne (March 11, 2025). “Protesters demand release of Palestinian activist Mahmoud Khalil as judge blocks deportation”. NBC News. Archived from the original on March 11, 2025. Retrieved March 11, 2025. ↩

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  168. Hanania, Ray (March 13, 2025). “Deporting Mahmoud Khalil from US would fuel wider expulsion campaign against Arabs, Muslims: Attorney”. Arab News. Retrieved March 14, 2025. ↩ ↩2

  169. Silol-Carroll, Andrew (March 17, 2025). “‘Resounding no’ to ‘strongly support’: JTA readers weigh in on Trump’s bid to deport Mahmoud Khalil”. Jewish Telegraphic Agency. Retrieved March 21, 2025. ↩

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  171. “Judge temporarily blocks deportation of arrested Palestinian Columbia student”. Reuters. March 11, 2025. Retrieved March 12, 2025. ↩

  172. Sales, Ben (March 10, 2025). “A growing number of Jewish groups are condemning Mahmoud Khalil’s arrest”. Jewish Telegraphic Agency. Archived from the original on March 10, 2025. Retrieved March 10, 2025. ↩ ↩2 ↩3 ↩4

  173. Ley, Ana (March 10, 2025). “Pro-Palestinian Activist at Columbia Is Moved to Detention in Louisiana”. The New York Times. Retrieved March 10, 2025. ↩

  174. Tracy, Marc; Shapiro, Eliza (March 11, 2025). “Among American Jews, a Schism Over ICE Arrest of Columbia Activist”. The New York Times. Archived from the original on March 11, 2025. Retrieved March 11, 2025. ↩ ↩2 ↩3 ↩4

  175. Sales, Ben (March 10, 2025). “ICE arrests Palestinian protest leader at Columbia, in sharp escalation of campus actions”. Jewish Telegraphic Agency. Retrieved March 10, 2025. ↩ ↩2

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  178. “Pro-Palestinian activist’s arrest was ‘illegal’: Jill Stein”. News Nation. March 10, 2025. Retrieved March 10, 2025. ↩

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  180. Burke, Minyvonne; Lavietes, Matt (March 13, 2025). “Nearly 100 protesters arrested after sit-in at Trump Tower in NYC to demand release of Mahmoud Khalil”. NBC News. Archived from the original on March 13, 2025. Retrieved March 13, 2025. ↩

  181. Dershowitz, Alan (March 21, 2025). “Alan Dershowitz: Mahmoud Khalil Deserves Speech Rights, Not Sympathy”. The Free Press. Retrieved March 21, 2025. ↩

  182. Nichols, John (March 12, 2025). “14 House Dems Demanded Mahmoud Khalil’s Release. Where Are the Others?“. The Nation. ISSN 0027-8378. Retrieved March 12, 2025. ↩ ↩2

  183. Friedman, Amanda (March 11, 2025). “Democrats divided over the arrest of Palestinian student for his role in Columbia protests”. Politico. Retrieved March 12, 2025. ↩

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  185. Cohen, Luc. “Trump administration abused immigration laws with Khalil’s arrest, Democratic senators say”. USA Today. Retrieved March 21, 2025. ↩

  186. Foldi, Matthew (March 11, 2025). ""Free him? More like deport him”: Congress backs up Trump administration on deporting pro-terrorist non-citizens”. Washington Reporter. Retrieved March 16, 2025. ↩

  187. Weiss, Benjamin S. (March 11, 2025). “‘We’re gonna arrest your tail’: House Speaker berates detained Palestinian activist — but won’t point to a crime”. Courthouse News. Retrieved March 16, 2025. ↩

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  189. “New Yorkers Protest as White House Defends Arrest of Columbia Activist”. The New York Times. March 12, 2025. Retrieved March 12, 2025. He chided reporters for asking repeatedly about the arrest. “What I’m finding surprising is the level of support you’re all displaying, but I didn’t see that support for me,” he said, alluding to his five-count criminal indictment. ↩

  190. Campbell, Jon (March 12, 2025). “Gov. Hochul and Mayor Adams won’t weigh in on arrest of pro-Palestinian Columbia protester”. Gothamist. Archived from the original on March 12, 2025. Retrieved March 12, 2025. Gov. Kathy Hochul and Mayor Eric Adams have refused to weigh in on the federal arrest of a pro-Palestinian activist who was involved in the protests at Columbia University last year. ↩

  191. “8 USC 1231: Detention and removal of aliens ordered removed”. US Code, House of Representatives. Archived from the original on February 23, 2025. Retrieved March 12, 2025. ↩

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