An immigration judge in Louisiana found on Friday that Mahmoud Khalil, a Columbia University graduate and legal permanent resident, could be deported by the Trump administration. This ruling is part of the government’s efforts to crack down on pro-Palestinian demonstrations on U.S. college campuses. While this decision is not final, Khalil’s lawyers plan to continue fighting in Louisiana and New Jersey, arguing that he has been targeted for constitutionally protected speech. The constitutional issues in this case are likely to receive a more thorough hearing in federal court in New Jersey than they did in Louisiana.
The judge in Louisiana, Jamee E. Comans, affirmed the power asserted by the secretary of state, Marco Rubio, to target any noncitizen for deportation. In Khalil’s case, Rubio used a rarely cited law to argue that his presence in the U.S. harmed the American foreign policy interest of stopping antisemitism. The judge found that the government had provided sufficient evidence to support this claim. Khalil criticized the lack of due process during the hearing and expressed frustration at being sent so far from his family by the Trump administration.
Immigration judges, who work for the executive branch, often approve the Homeland Security Department’s deportation efforts. Judge Comans stated that she did not have jurisdiction to entertain challenges to the law’s constitutionality. She also denied Khalil’s lawyers’ requests to cross-examine or depose Rubio regarding his claims. The decision in this case was made following a two-hour hearing in Louisiana, during which Khalil’s lawyers argued against the government’s claims.
Khalil has been accused by Homeland Security officials of making paperwork errors related to his immigration status. His lawyers disputed these allegations during the hearing, and the judge did not rule on them. Khalil’s supporters, including members of Jewish Voices for Peace, were emotional when the ruling was delivered. The case now moves to the “relief stage,” where Khalil’s lawyers will argue for his right to stay in the country. They can appeal any unfavorable decision to an immigration board and then to a federal court.
The issues of free speech and due process raised in Khalil’s case may be further examined in federal court in New Jersey, where his lawyers are also fighting for his release. Judge Michael Farbiarz in Newark has ordered the government not to remove Khalil from the country. The results of the Louisiana hearing will be briefed to the judge in New Jersey soon. Khalil’s lawyers maintain that the fight is not over and that targeting individuals for expressing their views could set a dangerous precedent for free speech rights in the U.S.
