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They put me through a sham immigration process while guaranteeing the outcome in advance," Mahmoud Khalil said.
An immigration court decision that could hasten the deportation of Palestinian rights activist Mahmoud Khalil was marked by irregularities, including unusual speed and the recusals of several judges, The New York Times reported Friday.
The Board of Immigration Appeals (BIA), which is housed in the Department of Justice (DOJ) but is legally enjoined to make independent decisions, ruled on April 9 that Khalil could be deported from the US. However, documents obtained by the Times show that the case was fast-tracked in a manner that experts say is unusual.
"This is the due process the administration is offering me, corrupt and unprecedented," Khalil posted on social media Friday in response to the Times' reporting.
Khalil, a student leader of Columbia University protests against the Gaza genocide, was an early target of the Trump administration's crackdown on pro-Palestinian speech when he was abducted by Department of Homeland Security agents while returning to his New York home in March 2025. Despite being a permanent resident married to a US citizen, Khalil was detained in Louisiana for over three months, where he missed the birth of his son.
“In all my decades as an immigration lawyer, I have never seen such a baseless and politically motivated decision."
Despite the BIA's ruling, Khalil cannot be deported while his separate habeas corpus case proceeds through federal courts. However, the Times' reporting raises questions about how fairly he is being treated by the Trump administration and how quickly he could face removal if the federal case falls through.
"This story proves that the Trump administration's treatment of my case has always been corrupt and retaliatory. They put me through a sham immigration process while guaranteeing the outcome in advance," Khalil wrote.
According to the Times:
The case was considered high priority even before the board officially received it. A note from an internal case-tracking file from June said that, even though Mr. Khalil had been released several days earlier, the case was to be handled as if he were still in detention, which would speed it along.
"Please process as quickly as possible,” said another note, from October. Another document shows that the court’s chair—its highest ranking member—oversaw the case from early on.
The decision was made nine days after all the paperwork was submitted, a timeline that Biden BIA appointee Homero López called "unprecedented," as the board often takes years to decide similar cases.
“It’s an insane turnaround, particularly for such a high-profile case on a novel legal issue,” López, who was fired under President Donald Trump, told the Times.
At the same time, people familiar with the situation told the Times that at least three judges had recused themselves from the case, one before it was decided and the others once it became clear it would be published, meaning it would be considered precedent setting.
Former board judge Andrea Sáenz, also fired by Trump, told the Times that judges often recuse themselves because they have somehow been involved with the case before it is appealed.
“How many people touched this case when the immigration judge was handling it the first time?” Sáenz asked.
Former DOJ official David McConnell, who has experience with the immigration appeals process, said that both the quick processing and the recusals were "very unusual." However, he added this did not mean the board necessarily did anything wrong.
However, the BIA's decision was heavily criticized by Khalil's legal team in April, as it upholds Secretary of State Marco Rubio's determination that Khalil could be deported because his activism posed a threat to US foreign policy, which a federal judge in New Jersey said was "likely" unconstitutional and could not be the basis for his detention or deportation. It also justified removal on the grounds that Khalil omitted certain details on green card paperwork, but the government only added those charges after Rubio's foreign policy gambit was challenged.
“In all my decades as an immigration lawyer, I have never seen such a baseless and politically motivated decision. The BIA's decision has absolutely no support in the record, violates a federal court order, and we’ll be fighting it until the end,” Khalil's lead lawyer Marc Van Der Hout said in a statement when the decision was first issued. “Federal courts have already agreed that Mahmoud was targeted for his speech, and there is likely much more evidence of the government’s unlawful retaliation that has yet to come to light. This is a clear continuation of the administration’s retaliation against Mahmoud for exercising his First Amendment rights.”
Responding to the new reporting on Friday, Van Der Hout told the Times that the case's handling suggests it “has been controlled from Day 1 by higher-ups in the administration.”
"Passover, our festival of liberation, compels us to ensure that our city’s funds do not underwrite the Israeli government carrying out genocide," said an activist with Jewish Voice for Peace.
More than 500 New Yorkers gathered for an "emergency Passover Seder" outside the office of New York City comptroller Mark Levine on Wednesday, where they called for him to divest the city's pension fund from bonds tied to Israel.
The city's former comptroller, Brad Lander, chose not to renew the nearly $40 million worth of investments in 2023. But in January, Levine reversed course, announcing plans to resume investment in the bonds, describing them as sound assets.
After Israel helped pressure the US to launch a war against Iran and began a new invasion of Lebanon—campaigns that have collectively killed more than 3,000 people—the city's chief fiscal officer is facing renewed pressure to stop what Jewish Voice for Peace (JVP) described as a "plan to fund Israeli bombs with city pensions."i
Protesters with the group stood outside the comptroller's office holding signs reading "Apartheid is chametz" and "Genocide is a bad investment."
"Passover, our festival of liberation, compels us to ensure that our city’s funds do not underwrite the Israeli government carrying out genocide in Gaza, enabling rampant settler violence in the West Bank, bombing Iran, and destroying entire villages in Southern Lebanon," said Jay Saper, an activist with JVP who works as a children's teacher and Yiddish translator. "Comptroller Levine’s plan goes against the will of New Yorkers who do not want our city's money to be used to fund genocide and war."
Levine took office in January after Lander left the post to challenge Democratic Rep. Dan Goldman for his seat representing New York's 10th congressional district.
Mayor Zohran Mamdani has been a vocal opponent of using any city funds to support Israel. But while he has publicly pushed back against the decision to resume purchasing Israeli bonds, he lacks the power, as mayor, to personally overrule it.
"I don’t think we should purchase Israel bonds,” Mamdani said in January. “We don’t purchase bonds for any other sovereign nation’s debt, and the comptroller has also made his position clear, and I continue to stand by mine.”
Though Levine has expressed strong support for Israel, saying he has "very deep personal ties" to the country, the attendees at Wednesday's Seder said the money spent on Israeli bonds could be better used to help New Yorkers.
"New Yorkers deserve to have their city funds in bonds that prioritize financial stability, accountability, and the long-term security for city workers," said New York City Public Advocate Jumaane Williams. "They should invest in life and the livelihoods of our communities, not the complete opposite. We cannot go backward to something financially unstable and, more importantly, morally bankrupt."
Last year's JVP Seder was held to call for the release of Columbia student Mahmoud Khalil, who was imprisoned by immigration agents and threatened with deportation by the Trump administration for activism on campus against Israel's genocide in Gaza. More than 100 JVP activists were arrested after occupying Trump Tower in Manhattan to demand his freedom last spring.
This year, Khalil—released from detention after a judge's order last June—was in attendance at the Seder.
“Just as you prayed for my freedom last year, today let us all pray together that by next Seder the Israeli genocide will have ended,” said Khalil.
(Video by Jewish Voice for Peace)
The Seder comes amid a public reckoning for Israel, including among many American Jews. A Pew Research poll released on Tuesday found that an unprecedented 60% of American adults view Israel negatively, compared to just 37% who view it positively.
A majority of American Jews have expressed disapproval of the war launched by President Donald Trump and Benjamin Netanyahu in Iran. Meanwhile, a poll last year found that around 4 in 10 American Jews believed Israel's actions in Gaza constituted genocide.
Rabbi Abby Stein of the Jewish Voice for Peace Rabbinic Council said the hundreds of Jewish people in attendance on Wednesday were “reclaiming our beautiful, ancient liberation holiday from those who would weaponize it, and Judaism itself, as tools of colonialism and supremacy—ideas that have been historically, and are, the opposite of what Judaism is and should be."
As immigrants are being targeted, cross-movement solidarity is essential in the fight to free all political prisoners.
Incarceration has been used as a core tactic of the United States in upholding racial capitalism and imperialisms through repression, extraction, and violent control. Growing to more than 65,000 people at the start of 2026, more people than ever are being held in immigration detention centers, with 2025 setting a 20-year record for deaths while detained.
The arrest and detention of dissenting people due to political motivations—or, the making of political prisoners—has required alleged charges, manufactured evidence, and the expansion of detention infrastructure. With the creation and rapid expansion of immigration enforcement agencies, the Department of Homeland Security (DHS) is creating another mass category of political prisoners.
The criminalization of protest and dissent has expanded in mission and in agency, as dissenters without citizenship have been targeted, investigated, and detained.
In a letter sent from inside an Immigration and Customs Enforcement (ICE) detention center in 2025, Palestinian activist Mahmoud Khalil declared, “I am a political prisoner,” as he explained the nature of his warrantless arrest by DHS officers after having been the target of an FBI investigation. Khalil stated, “Justice escapes the contours of this nation’s immigration facilities.”
Movements to end mass incarceration, immigrant justice movements, labor movements, environmental justice movements, and all others need to be interconnected in the fight to free all political prisoners.
Leqaa Kordia, a Palestinian with a pending asylum application in the US, was arrested after attending a protest, her charges were dropped, and she was later placed into custody at an ICE detention facility where she has been held despite a judge's orders for her release. Kordia’s family has shared the conditions she has faced, including being chained while hospitalized and barred from access to her attorneys and family.
A federal judge in Massachusetts ruled that people without citizenship have the same free speech rights as citizens, declaring immigration detention for protest and ideological deportation unconstitutional. Yet, the practice of kidnapping and detaining protesters without citizenship continues. Due to the Israeli occupation, seizure of land, and creation of an apartheid state, Palestinian activists like Mahmoud Khalil, Leqaa Kordia, Mohsen Mahdawi, and others are often considered stateless, making them harder to deport and leading to their indefinite apprehension in immigration detention centers as political prisoners.
In a similar pattern to the prison boom in 1980s California, ICE is rapidly expanding its detention infrastructure. Across the country federal funds are being used to purchase warehouses to convert into detention centers and lease offices to conduct operations in efforts to establish mass permanent presence of ICE around every corner. Abroad, the US is invested in political detention at facilities such as the camps in Guantánamo Bay in Cuba and Centro de Confinamiento del Terrorismo (CECOT) in El Salvador.
Alongside political repression, many of these infrastructure-strengthening actions, such as building and staffing for-profit schools in detention facilities and purchasing surveillance technologies, are increasing profits in the billions for developers, tech giants, and stock holders.
Federal funding of these actions by the billions fuels repression. The backing from elected officials, from local jurisdictions to Congress, supplies the infrastructure needed to build a mass system of political prisoners and violent socialeconomic control.
Prisons are a booming business that require a continued supply of people to ensure continued profit. From what Ruth Wilson Gilmore calls “organized abandonment,” people have been politicized by the repression they experience. The survival behaviors necessary to navigate life in this repression have been criminalized to keep facilities and pockets full.
Because of the nature of detention under racial capitalism, all imprisonment has been considered political, making all who are detained—whether that be in jails, prisons, immigration facilities, involuntary mental health facilities, and other sites of hold—political prisoners. The expansion, then, does not require formal conviction for the state to justify detention indefinitely.
Just like borders, immigration enforcement and detention creates political prisoners. For immigrants in the US, living within its borders is a political act, and continuing to live is a form of resistance. Once detained, immigrants are marked for life as a threat. A child born in an immigration detention facility is born a political prisoner.
These processes make political prisoners common, legitimizing their treatment and making it more difficult to unbuild the systems that keep them.
Political prisoners of movement spaces, such as Assata Shakur, Leonard Peltier, and Xinachtli (Alvaro Luna Hernandez), did not allow their detention to stop their resistance efforts. Many have written letters while incarcerated, providing critical texts revealing the use of detention as a method of political repression while exposing their inhumane living conditions. Others have organized from the inside, building power among incarcerated workers and connections to movements on the outside. And, like those held in immigration detention, some have focused on survival as their act of resistance.
On the outside, organizations such as the National Political Prisoner Coalition, Critical Resistance, the National Alliance Against Racist and Political Repression, and Close Guantánamo and the Center for Victims of Torture, have centered their actions around campaigns to free political prisoners. With the expansion of political prisonership under immigration repression, cross-movement solidarity is needed to work in coordination to interrupt and end all carceral tactics used for repression. Movements to end mass incarceration, immigrant justice movements, labor movements, environmental justice movements, and all others need to be interconnected in the fight to free all political prisoners.
Our survival depends on each other.