Judge Says Khalil Can Be Deported on “Foreign Policy Grounds”
An immigration judge in Louisiana ruled Friday that Mahmoud Khalil, a graduate student at Columbia University and pro-Palestinian activist, is eligible for deportation under a national security statute. The judge, Jamee E. Comans, said the U.S. government had provided “clear and convincing evidence” that Khalil’s presence could lead to serious foreign policy consequences, satisfying the legal standard for removal.
Khalil, who was detained March 8 by federal immigration agents in the lobby of his university housing, is the first known student arrested under President Donald Trump’s crackdown on protesters supporting Gaza. He was quickly transferred to a detention center in Jena, Louisiana, far from his legal team and his wife — a U.S. citizen currently expecting their child.
Legal Team Plans to Appeal, Cites Free Speech Violations
Despite Friday’s ruling, Khalil’s attorneys say the case is far from over. Lawyer Marc Van Der Hout said they plan to appeal to the Board of Immigration Appeals and may also file an asylum claim. The judge gave the defense until April 23 to seek a waiver.
Van Der Hout didn’t hold back, calling the hearing a “charade of due process.”
“Today, we saw our worst fears play out,” he said. “This is a weaponization of immigration law to suppress dissent.”
Khalil himself challenged the fairness of the proceedings. “Clearly what we witnessed today, neither due process rights nor fundamental fairness were present,” he said in court.
Arrest and Policy Backlash
The State Department, under Secretary Marco Rubio, is using a rarely invoked legal provision that permits deportation of noncitizens who pose “potentially serious adverse foreign policy consequences” to the U.S.
Khalil has not been accused of committing any crimes. The government, however, claims his participation in pro-Palestinian demonstrations at Columbia amounts to expressing antisemitic or pro-Hamas views, which it cites as justification for deportation under Trump’s new policy.
Khalil, 30, served as a spokesperson and negotiator for students protesting Israel’s military actions in Gaza. Last spring, the group took over a lawn on Columbia’s campus to draw attention to the humanitarian crisis in Gaza.
A Dangerous Precedent?
Critics argue Khalil’s arrest and pending deportation are part of a broader effort by the Trump administration to criminalize campus dissent and punish free speech.
Van Der Hout maintains that the real issue is First Amendment rights.
“The government’s own submissions prove this has nothing to do with foreign policy,” he said. “This is about silencing voices they disagree with.”
For now, Khalil remains detained in Louisiana, awaiting the next steps in what may become a landmark case testing the limits of protest rights under U.S. immigration law.
