Prosecutors seek to move Mahmoud Khalil’s deportation case to Louisiana
Federal prosecutors are pushing to move the New York-based Palestinian activist Mahmoud Khalil’s deportation challenge to Louisiana, in a move his lawyers describe as an attempt to silence political dissent.
The government filed documents requesting that Judge Jesse Furman either dismiss Khalil’s habeas petition outright or transfer it to the western district of Louisiana, where pro-Republican cases are almost guaranteed to reach Trump-appointed judges.
The administration’s lawyers argue that New York courts have no authority to hear his case under strict jurisdictional rules.
“The Court should either dismiss or transfer this action because this Court lacks jurisdiction and is not the proper forum for this habeas action,” prosecutors wrote in the filing, adding that “jurisdiction lies in only one district: the district of confinement.”
Khalil, a Columbia University graduate and permanent US resident, helped lead campus protests at the school last year before being detained on Saturday night at his university-owned New York apartment in front of his wife Noor Abdalla, who is eight months pregnant and a US citizen. He was transferred to an Ice facility in New Jersey before being flown out to Louisiana, before any of his family knew where he was held.
Judge Furman has temporarily blocked Khalil’s deportation but must decide whether the case should remain in Manhattan, move to New Jersey where Khalil was initially held, or transfer to Louisiana where he is currently detained.
His legal team, which includes representatives from the Center for Constitutional Rights, the American Civil Liberties Union and Cuny’s Clear legal clinic, contends the government is retaliating against Khalil for his role as a lead negotiator during pro-Palestinian protests at Columbia University last year.
“The government is relying on a rarely used provision in immigration law,” said Ramzi Kassem, a member of Khalil’s legal team, outside the courthouse after Wednesday’s hearing. “It is certainly not intended by Congress to be used to silence dissent.”
This move comes as reports emerge of a new state department program called “Catch and Revoke” that will deploy AI systems to scan news coverage and social media accounts of approximately 100,000 foreign students in America to identify those with pro-Palestinian views for potential deportation. According to Axios, the program will analyze content dating back to 7 October 2023.
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According to his notice to appear – the first step in the deportation process – the state department’s rationale has been that Khalil’s continued presence would be detrimental to US foreign policy to combat antisemitism, as the administration views all pro-Palestinian campus protests as antisemitic.
“The secretary of state has determined that your presence or activities in the United States would have serious adverse foreign policy consequences for the United States,” the form reads.
Khalil, notably, refused to sign the document.
Donald Trump has also warned his arrest would be the first of “many to come”, reinforcing the idea that he would revoke visas of international students participating in pro-Palestine protests.
Abdalla revealed to Reuters that just two days before his detention, Khalil had asked her if she knew what to do if immigration agents came to their door.
“I didn’t take him seriously. Clearly I was naive,” she said.
Some legal experts note that the government cannot justify deportation based solely on political expression. Bill Hing, professor of law and migration at University of San Francisco, told the Guardian the government must demonstrate “by clear and convincing evidence” that Khalil’s presence has serious adverse foreign policy consequences.
“If he has done nothing more than decry the humanitarian crisis in Gaza, or accuse Israel of genocide, and demand ceasefire, is that adverse to US foreign policy?” Hing said. “I don’t think so. I think that is protected free speech.”
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