On Tuesday, lawyers representing the Justice Department requested that a federal judge dismiss the appeals from Mahmoud Khalil, an anti-Israel activist. They argued that the courts lack the authority to intervene in decisions made by the administrative department regarding the detention of non-citizens.
The government asserted, “Congress approved the detention of aliens, granting significant discretion to the executive branch.” They also indicated that the logistics under the Trump administration would prevent the transfer of Khalil, even if there were a desire to do so. Khalil had previously requested his release from ICE custody in Jena, Louisiana.
A DOJ attorney stated that there are currently 355 detainees at the ICE facility in Elizabeth. The lawyer emphasized that, “ICE has the discretion to detain Khalil, and additionally, the facility is at full capacity.” This situation complicates any potential transfer for Khalil.
Judge Michael Fabiartz, appointed by Biden, denied Khalil’s initial request for release while he contests the government’s decision for his removal. Khalil, a legal permanent resident, was detained in March outside his apartment at Columbia University. An immigration judge determined that removing him was straightforward, citing a memo from Secretary of State Marco Rubio, which claimed that Khalil’s activism undermined U.S. foreign policy interests. This was supported by a rarely invoked section of the Immigration and Nationality Act.
The case has sparked significant attention from advocates for free speech rights who argue that revoking green cards from vocal opponents of the Israeli government may be a violation of constitutional protections. Judge Fabiartz expressed agreement with these concerns, suggesting that Rubio’s rationale for rescinding Khalil’s green card is potentially unconstitutional.
However, the previous administration contended that Khalil’s activism against U.S. foreign policy and its links to anti-Semitism played a role in this matter. They further claimed that Khalil had not fully disclosed his affiliations during his green card application process.
Khalil, born in Syria and holding Algerian citizenship, reportedly failed to mention his involvement with certain groups, including the Columbia University anti-apartheid movement, and did not disclose other employment, such as with UN agencies.
The Department of Homeland Security posited that Khalil may have acquired his legal status through “fraud or misrepresentation of essential facts.”
