Despite Lack of Evidence, Louisiana Immigration Judge Rules Against Mahmoud Khalil in Deportation Hearing

In a decision that appeared to be pre-written, an immigration judge ruled immediately after a hearing today that Mahmoud Khalil is removable under U.S. immigration law. This comes less than 48 hours after the U.S. government handed over the “evidence” they have on Mr. Khalil — which included nothing more than a letter from Secretary of State Marco Rubio that made clear Mr. Khalil had not committed a crime and was being targeted solely based on his speech. He is not yet scheduled for deportation. The judge gave Mr. Khalil’s attorneys until April 23 to seek a waiver.

At the end of the hearing, Mahmoud Khalil asked to address the court, saying: “I would like to quote what you said last time that there's nothing that's more important to this court than due process rights and fundamental fairness. Clearly what we witnessed today, neither of these principles were present today or in this whole process. This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family. I just hope that the urgency that you deemed fit for me are afforded to the hundreds of others who have been here without hearing for months.”

"Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponization of immigration law to suppress dissent. This is not over, and our fight continues,” said Marc van der Hout, founding partner of Van Der Hout, LLP. “If Mahmoud can be targeted in this way, simply for speaking out for Palestinians and exercising his constitutionally protected right to free speech, this can happen to anyone over any issue the Trump administration dislikes. We will continue working tirelessly until Mahmoud is free and rightfully returned home to his family and community."

Despite this ruling, Mr. Khalil’s federal habeas case, which is being heard in the U.S. District Court for the District of New Jersey, will continue. On Friday, Judge Michael E. Farbiarz ordered both the government and Mr. Khalil’s legal team to immediately report to his court after the immigration hearing for an update on what transpired.

At the federal court level, Mr. Khalil’s legal team will continue to seek bail, as well as a preliminary injunction (PI) that would immediately release him from custody and allow him to reunite with his family in New York while his immigration case proceeds. If granted, the PI would also block President Trump’s policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights.

On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. His legal team is arguing that his arrest and continued detention violate his constitutional rights, including rights to free speech and due process, and that they go beyond the government’s legal authority.

Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, and American Civil Liberties Union (ACLU).

The following are quotes from the rest of Mr. Khalil’s legal team:

“The fight to bring Mahmoud home is far from over,” said Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project. “We will continue undeterred to press for his release after this startling escalation of the Trump administration’s war on dissent. We will fiercely defend his and others’ right to speak freely about Palestine or any other issue without fear of detention and deportation.”

“This is egregious overreach by the US government,” said Amy Greer, associate attorney at Dratel & Lewis. “Every single person in this country has the right to speak out against issues that matter to them — and I fear that this decision will embolden the Trump administration to target other vulnerable people who are simply speaking out for Palestinian human rights and against an ongoing genocide. We have fought for Mahmoud’s release every single day since he was detained. We will continue to do so until he is home with his family.”

“Today’s ruling is a rush to judgement on baseless charges that the government presented no evidence to substantiate because no evidence exists. Our client, Mr. Khalil, has been unlawfully detained in direct retaliation of his advocacy in support of Palestinian rights, and as a result has been separated from Dr. Noor Abdalla, his wife, who is now nine months pregnant. This finding of removability is a dangerous departure from the fundamental freedoms at the bedrock of our nation that protect free speech under the First Amendment. We will continue to advocate for Mr. Khalil’s rightful release, and we are confident he will prevail,” said Amol Sinha, Executive Director of the ACLU-NJ.

“The determination today simply rubber stamped the Trump Administration’s efforts to punish speech that they disagree with and did not address the clear constitutional concerns raised by his arrest, detention, and the application of the foreign policy bar. But the fight to get Mahmoud home isn’t over. We will keep fighting to get Mahmoud back to his nine-month pregnant wife, Dr. Noor Abdalla, and vindicate his rights with our habeas and preliminary injunction action in New Jersey,” said Donna Lieberman, Executive Director of the NYCLU.

“Today, reading from a pre-written decision, an immigration judge rubber-stamped a shameful determination by Secretary of State Rubio stating that one’s beliefs can lead to deportation. We should all be deeply concerned,” said Diala Shamas, senior Staff Attorney at the Center for Constitutional Rights. “We will continue to stand alongside Mahmoud in his fight to come home to Noor, and in his determination to keep speaking out for Palestinian freedom. This is just the beginning.”