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Mahmoud Khalil’s attorney has expressed readiness to advocate fiercely for him as the activist remains detained after an arrest that took place nearly 40 days ago. Khalil was apprehended in front of his pregnant wife and has since been held in an immigration detention center.
Khalil, a graduate student at Columbia University, was the first of several pro-Palestinian activists to be detained under the U.S. Immigration and Customs Enforcement (ICE) during former President Donald Trump’s administration. Despite the challenges he faces, his lawyer Esha Bhandari describes him as “very strong.”
A U.S. immigration judge recently authorized the continuation of deportation proceedings against Khalil. However, Bhandari asserts that the battle is not over yet. “He’s determined to fight this case through to the end and to vindicate the principle that he shouldn’t be confined in a detention center for his lawful and constitutionally protected speech and advocacy,” Bhandari, affiliated with the American Civil Liberties Union (ACLU), stated in an interview.
Legal Grounds for Deportation
Born in a Palestinian refugee camp in Syria, Khalil moved to the United States on a student visa in 2022 and became a permanent resident last year. His wife, Noor Abdalla, is a U.S. citizen. After completing a master’s degree in public administration in December 2023, Khalil’s academic plans were abruptly interrupted when ICE agents arrested him at his university-related residence on March 8.
Initially detained in New Jersey, he was subsequently transported to a private immigration detention facility in Louisiana, where he remains. Notably, he has not been charged with any criminal offenses; rather, his detention appears directly linked to his significant involvement in protests against Israel’s military actions in Gaza.
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Secretary of State Marco Rubio justified Khalil’s proposed removal from the U.S., claiming that his presence could lead to “potentially serious adverse foreign policy consequences,” referencing the 1952 Immigration and Nationality Act. In a letter to the court and Khalil’s counsel, Rubio pointed to Khalil’s participation in what he termed “antisemitic protests” that allegedly created a hostile environment for Jewish students in the U.S.
Bhandari has expressed concern over the ambiguous definitions of speech that might fall under this law. “That is a very troubling, chilling position to take, and there’s no reason it would be limited to this particular issue,” she cautioned, arguing that it sets a dangerous precedent for free speech.
Detention of Other Activists
Support for Khalil has emerged from a wide range of activists nationwide, bolstering his resolve. However, Bhandari underscored that his abrupt detention, especially with a child on the way, is a significant and troubling matter. “Their personal circumstances are very important, but, of course, Mahmoud’s not the only person being held behind bars at the moment for engaging in perfectly lawful speech,” she noted.
Subsequent to Khalil’s arrest, on Monday, ICE took another pro-Palestinian activist, Mohsen Mahdawi, into custody. Mahdawi was apprehended at a Vermont immigration office while seeking information on finalizing his citizenship. Similarly, Rumeysa Ozturk, a student at Tufts University, was arrested for participating in campus protests connected to Palestinian issues.
Yunseo Chung, a Korean American student at Columbia with a long tenure in the U.S., is also facing deportation efforts after her involvement in similar protests. The extent of how many student activists are currently in immigration detention remains unclear, but Rubio has indicated his aggressive approach toward enforcing immigration laws against those he perceives as disruptive.
Bhandari firmly states that “this is no ordinary immigration enforcement,” characterizing the situation as a form of censorship that misuses immigration laws to suppress dissent. Additionally, she highlighted the administration’s broader strategies, such as investigating private law firms and withholding university funds in line with its agenda.
Bhandari confirmed that the ACLU is pushing for a federal court to rule Khalil’s detention and the application of the Immigration and Nationality Act as unlawful and unconstitutional, while Khalil simultaneously challenges his arrest and transfer in a separate New Jersey federal court case.
Despite past instances where the Trump administration bypassed court directives, Bhandari remains optimistic. “We would fully expect that if any court orders the release of either Ms. Ozturk, Mr. Khalil, or anyone else currently in a detention facility, that the government will abide by that,” she asserted.
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