Mahmoud Khalil, a legal permanent resident who was detained by the Trump administration, is facing deportation under a rarely used law that allows for the removal of noncitizens deemed a threat to the country’s foreign policy agenda. The government has accused Khalil of willfully failing to disclose his membership in various organizations, including a United Nations agency that assists Palestinian refugees, when he applied for permanent residency last year. Additionally, they claim he did not disclose his work for the British government after 2022. Khalil’s lawyers contend that these new allegations are being used as a pretext to retaliate against their client for his criticism of Israel and advocacy for Palestinian rights.
The government’s filing opposing Khalil’s release argues that the new allegations reduce the importance of concerns about his right to free speech, claiming there is an independent basis for his deportation. Khalil’s lawyers, who are fighting for his release in a New Jersey federal court, are expected to argue that the new accusations are part of ongoing retaliation against their client’s constitutionally protected speech. Khalil’s wife, an American citizen living in New York City, is due to give birth next month, further highlighting the urgency of the situation as he remains detained far from his home and family.
The government has also accused Khalil of failing to disclose his work with the U.N. agency and Columbia University Apartheid Divest, a coalition of student groups that organized pro-Palestinian demonstrations at the school. Additionally, they claim he did not disclose his employment with the Syria Office in the British Embassy in Lebanon after 2022. In order to deport Khalil based on these new allegations, the government must convince an immigration judge that any failure to disclose the relevant information was willful and could have impacted his chances of receiving permanent residency status.
The Trump administration is holding firm to its original justification for detaining Khalil, citing the law that allows for deporting noncitizens considered a threat to U.S. foreign policy interests. Secretary of State Marco Rubio has accused Khalil of participating in antisemitic activities, specifically referencing demonstrations at Columbia University where students allegedly expressed support for Hamas. Khalil’s lawyers have denied these claims and maintain that his speech is protected under the First Amendment. They are expected to challenge the constitutionality of the law used to justify Khalil’s initial detention.
A federal judge, Jesse Furman, who reviewed Khalil’s case before it was transferred to New Jersey, highlighted the importance of addressing the First and Fifth Amendment issues raised in the case. He emphasized the need for due process and careful consideration of Khalil’s constitutionally protected rights. The unfolding legal battle, both in New Jersey federal court and the ongoing immigration court proceedings in Louisiana, will determine Khalil’s fate and whether he will be deported based on allegations of willfully withholding information on his residency application. The case has broader implications for free speech and the protection of individuals’ rights in the face of government action.
