Judge to Trump DHS: Justify Deporting Khalil or 'I'm Going to Terminate This Case'

The Trump administration has explicitly admitted that former student protester Mahmoud Khalil is not accused of breaking any laws, but the White House now has until 5:00 pm on Wednesday to provide evidence that the Columbia University graduate should be deported, following a judge's order late Tuesday.

Judge Jamee Comans in Jena, Louisiana, where Khalil has been detained at an Immigration and Customs Enforcement facility for nearly a month since being abducted by ICE agents in an unmarked vehicle, said at a hearing that the U.S. Department of Homeland Security (DHS) "either can provide sufficient evidence or not," adding that she plans to rule on whether Khalil should be released on Friday.

"If he's not removable, I'm going to terminate this case," said Comans.

Khalil's lawyer, Mark Van Der Hout, said he has spent weeks requesting evidence that Khalil is guilty of the allegations against him, which do not include committing any crimes—typically a condition for revoking someone's green card or permanent residency.

A lawyer for DHS told the judge the government has "evidence we will submit," but it was not clear why no evidence has been provided since Khalil was detained on March 8 by the ICE agents, who accosted him and his pregnant wife, a U.S. citizen, at their apartment building on Columbia property.

"We cannot plead until we know the specific allegations," said Van Der Hout at the hearing, which was attended virtually by about 600 supporters and members of the media.

The Trump administration has cited a law that allows the government to deport noncitizens if their presence in the U.S. has "potentially serious adverse foreign policy consequences for the United States." Nearly 300 international students have had their visas revoked in recent days—with the government giving no explanation in many cases—and some universities have begun advising students not to speak out about Palestinian rights or Israel's U.S.-backed military operation in Gaza.

The government first accused Khalil of being "aligned with Hamas" and a threat to U.S. security—allegations for which officials did not provide evidence. In an interview with NPR in March, Deputy Homeland Security Secretary Troy Edgar refused to back up his claim that Khalil supported or promoted "terrorist activity" and equated his participation in pro-Palestinian protests with terrorism.

Officials now claim Khalil failed to state on his application that he previously worked for the Syria office of the British embassy in Beirut, and that he was an unpaid intern with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), a humanitarian aid agency that provides services to the occupied Palestinian territories.

Van Der Hout told Comans that he has "not received a single document" backing up any of the allegations.

The lawyer also asked the judge to postpone the hearing for Friday, saying Secretary of State Marco Rubio should give a deposition in Khalil's case. Rubio launched the "catch and revoke" program under which the government aims to revoke the visas of foreign nationals who appear to be "pro-Hamas."

Comans denied that request but agreed with Van Der Hout's demand that the government prove Khalil should be deported, or else release him from custody.

"I'm like you, Mr. Van Der Hout," said Comans. "I'd like to see the evidence."