Slamming 'Fascist Tactics' of Trump, Mahmoud Khalil Fights Judge's Deportation Decision

Mahmoud Khalil and his lawyers on Wednesday affirmed their plan to fight an immigration court ruling that paves the way for his deportation, months after plainclothes agents accosted the lawful permanent resident and his US citizen wife outside their home in New York City.

"It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech. Their latest attempt, through a kangaroo immigration court, exposes their true colors once again," Khalil said in a statement.

"When their first effort to deport me was set to fail, they resorted to fabricating baseless and ridiculous allegations in a bid to silence me for speaking out and standing firmly with Palestine, demanding an end to the ongoing genocide," he continued. "Such fascist tactics will never deter me from continuing to advocate for my people's liberation."

While President Donald Trump has a broad goal of mass deportations, his administration has targeted Khalil, a former Columbia University graduate student with a valid green card, and other foreign scholars in the United States for criticizing Israel's US-backed genocide in the Gaza Strip.

"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court."

Federal agents arrested Khalil, an Algerian citizen of Palestinian descent, in March. He wasn't released from a federal immigration facility until June. During his 104-day detention, his wife, Noor Abdalla, gave birth to their son. Over the past six months, he has been a part of multiple legal battles: his challenge to being deported in a Louisiana immigration court; a civil rights case before US District Judge Michael Farbiarz in New Jersey; and a fight for $20 million in damages.

In a Wednesday letter to Farbiarz—an appointee of former President Joe Biden who has already blocked his deportation while the civil rights case proceeds—Khalil's legal team explained that on September 12, Jamee Comans, an immigration judge (IJ), "issued three separate orders denying petitioner's (1) motion for an extension of time, (2) motion to change venue, and (3) application for a waiver, without conducting an evidentiary hearing."

"In denying petitioner's request for a waiver absent a hearing, as well as his motions for extension of time and for change of venue, the IJ ordered petitioner removed to Algeria or Syria... while reaffirming her decisions denying petitioner any form of relief from removal," the letter says. Khalil now has 30 days from September 12 to start an appeal with the Board of Immigration Appeals (BIA).

Noting "statements targeting petitioner by name for retaliation and deportation made by the president and several senior US government officials," Khalil's lawyers "have ample reason to expect that the BIA process—and an affirmance of the IJ's determination—will be swift," the letter continued. "Upon affirmance by the BIA, petitioner will lose his lawful permanent resident status, including his right to reside and work in the United States, and have a final order of removal against him."

"Compared to other courts of appeals, including those in the 3rd and 2nd Circuits, the 5th Circuit almost never grants stays of removal to noncitizens pursuing petitions for review of BIA decisions. As a result, the only meaningful impediment to petitioner's physical removal from the United States would be this court's important order prohibiting removal during the pendency of his federal habeas case," the letter points out, referring to Farbiarz's previous intervention.

Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, Creating Law Enforcement Accountability & Responsibility (CLEAR), Van Der Hout LLP, Washington Square Legal Services, and the national, New Jersey, New York, and Louisiana arms of the ACLU.

"When the immigration prosecutor, judge, and jailer all answer to Donald Trump, and that one man is eager to weaponize the system in a desperate bid to silence Mahmoud Khalil, a US permanent resident whose only supposed sin is that he stands against an ongoing genocide in Palestine, this is the result," CLEAR co-director Ramzi Kassem said Wednesday. "A plain-as-day First Amendment violation that also puts on sharp display the rapidly free-falling credibility of the entire US immigration system."

In addition to calling out the Trump administration for its unconstitutional conduct, Khalil's lawyers expressed some optimism.

"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court, and the immigration judge's September 12 decision is just the most recent example of what occurs when the system requires an arbiter that is anything but neutral to do the administration's bidding," said Johnny Sinodis, a partner at Van Der Hout LLP. "As with other illegal efforts by the government, this too will be challenged and overcome."