A U.S. immigration appeals board has issued a final order of removal for Mahmoud Khalil, a 31-year-old legal permanent resident and former Columbia University graduate student. His legal team reports that the Board of Immigration Appeals (BIA) denied his latest request to dismiss his deportation case. The BIA's rulings are not public. The U.S. Department of Justice did not immediately respond to a request for comment.
Khalil's attorneys have stated that he cannot be lawfully detained or deported while he pursues a separate case in the federal court system. Additionally, the 3rd U.S. Circuit Court of Appeals granted Khalil a temporary stay preventing his re-detention while he seeks review by the U.S. Supreme Court.
"The only thing I am guilty of is speaking out against the genocide in Palestine — and this administration has weaponized the immigration system to punish me for it." — Mahmoud Khalil
Background of the Case
Khalil was arrested in March of last year by federal agents in New York City. He was the first person whose arrest became publicly known during a federal operation targeting noncitizens who publicly criticized Israel and its actions in Gaza. He spent 104 days in immigration detention before a federal judge in New Jersey ordered his release.
The initial basis for his detention was a determination by Secretary of State Marco Rubio that Khalil's presence in the U.S. would "compromise a compelling U.S. foreign policy interest." Khalil's legal team challenged this, and a federal judge in New Jersey suggested the administration's actions were likely unconstitutional as they penalized protected political speech.
Following that ruling, the administration changed its strategy and sought to revoke Khalil's permanent resident status. The government now alleges Khalil made false statements on his green card application by omitting information about work for the British Embassy and a U.N. agency assisting Palestinian refugees. Khalil and his attorneys dispute these claims, stating his U.N. work was an internship supervised by Columbia University. This aspect of the case has been appealed to the BIA.
Appeals Court Rulings
Earlier this year, a U.S. appeals panel ruled 2-1 that the New Jersey judge overstepped his authority by ordering Khalil's release. The panel found that individuals facing immigration proceedings must complete those proceedings before their cases can be heard in federal court. Khalil's lawyers are requesting the full appeals panel to reconsider that decision.
Earlier this month, Khalil's lawyers asked one judge on the appellate panel to recuse himself due to his previous role as a top Justice Department official involved in investigating student protesters.
Statements from Parties
Khalil stated he was not surprised by the BIA's ruling, which he described as "biased and politically motivated."
Brett Max Kaufman, senior counsel at the ACLU's Center for Democracy, said regarding the temporary stay against re-detention: "We're grateful that the court recognized the irreparable harm Mahmoud would face if he were re-detained before the Supreme Court has a chance to review his case. Detention would serve only to cruelly separate him from his family and further chill his speech. We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent."
The government has claimed Khalil's activities as a leader of pro-Palestinian protests at Columbia University were "aligned to Hamas." No evidence of a connection to the group has been presented publicly, and Khalil has denied allegations of antisemitism.
Personal Background and Concerns
Khalil was born in Syria to a Palestinian family and holds Algerian citizenship through a distant relative. He has stated he could be targeted, and even killed, if deported. He is a green card holder married to an American citizen.
Broader Implications
Immigration attorneys are closely observing Khalil's case, considering its potential to set precedents regarding immigrants' First Amendment rights and due process. Other pro-Palestinian activists, such as Mohsen Mahdawi and Rümeysa Öztürk, have had their deportation proceedings terminated by immigration judges. The BIA sets precedent in the immigration court system, which is controlled by the Department of Justice.