Former Columbia graduate student Mahmoud Khalil, known for his anti-Israel activism, has been ordered to be deported to either Syria or Algeria following a ruling by Immigration Judge Jamee Comans. This decision came after the judge found that Khalil had committed deliberate fraud on his green card application. The court documents indicate that Khalil’s failure to disclose his involvement with the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) and the Columbia University Apartheid Divest (CUAD) movement played a significant role in the ruling.
On September 12, Judge Comans denied motions from Khalil’s lawyers, including a request for a waiver to correct the perceived omissions on his residency application. The judge cited Khalil’s intentional misconduct and stated that the waiver was not intended to excuse applicants who engage in dishonesty during the immigration process. Comans emphasized that the evidence showed Khalil was aware of the potential immigration consequences related to his campus activism, strengthening his case against the fraudulent claims.
The judge considered various factors when assessing Khalil’s eligibility for the waiver. These included his marital status and the fact that he has a young child born in April while under federal custody. However, these personal circumstances did not outweigh the severity of Khalil’s intentional omissions and the Secretary of State’s concerns about the negative foreign policy ramifications of allowing him to remain in the country.
Moreover, Judge Comans pointed out that Khalil’s lack of property ownership or employment in the U.S. further weakened his case. The determination of whether Khalil meets the criteria for a waiver was influenced by these additional factors, alongside the court’s focus on the gravity of his omissions in the green card application process. This lack of stability in his life in the United States contributed to the ruling for his removal.
Following the judge’s decision, Khalil’s legal team sought intervention from U.S. District Judge Michael Farbiarz in New Jersey, who had previously ruled against the Trump administration’s ability to deport him. In their communication, they indicated that Khalil has 30 days to file an appeal with the Fifth Circuit Court. However, they noted that the Fifth Circuit rarely grants stays of removal for those contesting Board of Immigration Appeals decisions, casting doubt on his chances of avoiding deportation.
Khalil has remained a contentious figure due to his participation in protests at Columbia University and Barnard College in 2023, which included instances of significant civil unrest. He was initially arrested in March and later released from federal custody in June. The ongoing legal battle reflects the complexities surrounding immigration cases intertwined with political activism, particularly for individuals with contentious backgrounds. Khalil’s future now hinges on the appeals process and the broader implications of his activism on his legal status in the U.S.
