Columbia University alumni and Palestinian organizer Mahmoud Khalil is eligible for deportation from the United States, an immigration judge ruled Friday in a controversial hearing in a remote courthouse in central Louisiana.
The decision compensates for the Trump administration's claim that a short memo written by Secretary of State Marco Rubio, who said Khalil's “current or anticipated beliefs, statements, or associations” countered the interests of foreign policy, is sufficient evidence to remove legitimate permanent residents from the United States. The indefinite memo, the main evidence submitted by the government, did not include allegations of criminal conduct.
During a tense hearing Friday afternoon, Khalil's lawyers arranged a failed argument to delay the eligibility judgment for removal and attempt to complete the proceedings. They alleged that the wide range of allegations contained in Rubio's memo gave them the right to cross-examine him directly.
Halil detained prayer beads as three lawyers for the Department of Homeland Security.
Judge Jamie Commans ruled that Rubio's decision was “presumably and sufficient evidence” and that he had no power to control concerns about freedom of speech.
“There is no indication that Congress considered that an immigration judge or attorney general rejected the Secretary of State on foreign policy issues,” Commans said.
Advocates were crying on busy public benches as the ruling was made.
Following the verdict, Halil, who remained silent throughout the lawsuit, demanded permission to speak to the court.
Speaking directly to the judge, he said: “I would like to quote what you said last time.
He continued. “Obviously, what we witnessed today was neither of these principles nor in the entire process today.
“This is why the Trump administration sent me to this courthouse, 1,000 miles from my family. I hope that the urgency you think is right for me will be given to the hundreds of people who have not heard of it for months.”
Halil, 30, led a pro-Palestinian protest in Colombia last year. he He was arrested by a New York Immigration and Customs Enforcement (ICE) officer on March 8th and transferred to a detention facility in Jena, Louisiana, where he has been detained for more than a month. His lawsuit was the first in a series of ice arrests incited by the Trump administration, which targeted pro-Palestinian students and academics in the United States on visas or green cards.
The ruling means that the removal procedure for Halil continues to move forward in Jena, but another case, being heard in federal court in New Jersey, considers questions surrounding the legality of his detention and the constitutionality of the government's claims.
Khalil's legal team is asking a New Jersey judge to release bail, so they can reunite with their wife, who is planning to have their first child this month.
His lawyers condemned the decision, but they said it appears to have been written beforehand. “Today we saw the worst fears occur. Mahmoud has been subject to the armament of legitimate processes, serious violations of the right to a fair hearing, and weaponisation of immigration laws to curb objections. This is not over.
“If Mahmoud can thus simply speak out for the Palestinians and be targeted to exercise constitutionally protected freedom of speech, this could happen to anyone on an issue the Trump administration dislikes.
Van Der Hout told federal judges that Halil will file an appeal after an immigration judge ruled the final “removable” written decision. Van der Hout added that Khalil's legal team might also pursue an asylum case.
“So, despite the fact that he felt removable for foreign policy reasons, nothing will happen with the progress of immigration,” he said.
During a short prayer vigil held outside the detention center on Friday afternoon, a group of interfaith clergy read a message of support. A brief statement from Noor Abdallah, the wife of Khalil, who is due to give birth this month, was also delivered in front of reporters.
“Today's decision feels like a devastating blow to our families. It should not be considered “removable” from home in opposition to the murder of Palestinian families, doctors and journalists,” the statement read.
“In less than a month, Mahmoud and I welcome our first child. Until we meet again, I will not stop defending my husband's safe return.”
A New Jersey judge ordered the government not to rule out Halil when his case is being deployed in federal court. The hearing in that case is set later on Friday.
