A Columbia University student who was picked up by plainclothes agents, called a threat to U.S. foreign policy and targeted with deportation remains in federal custody in Louisiana, despite a federal judge’s order that his case be transferred to New Jersey.
Mahmoud Khalil, a native of Syria, Algerian citizen and an outspoken opponent of Israel’s policies toward Gaza, was initially held at a U.S. Immigration and Customs Enforcement (ICE) facility in New Jersey following his March 8 arrest, according to a New York ICE official’s declaration filed in the Southern District of New York. He was later transferred to an ICE facility in Jena, La.
ICE did not respond to a request for comment about the Khalil case, but the Louisiana Record learned that he was still in Jena as of March 27 and that there was a scheduled hearing in New Jersey today about the status of the case, which federal officials want heard in Louisiana.
But on March 19, the federal court in the Southern District of New York issued an order that said Khalil’s case should be transferred to New Jersey. The federal judge, Jesse M. Furman, also repeated a previous directive barring Khalil’s deportation without a court order.
In a statement emailed to the Record, attorney Marc Van Der Hout, whose law firm is representing Khalil during immigration proceedings, said the government’s argument that his client violated the 1952 Immigration and Nationality Act lacked merit. That law allows the secretary of state to call for the deportation of individuals who could harm U.S. foreign policy.
Van Der Hout acknowledged that Khalil did take part in internships as part of Columbia University’s master’s degree program, including a stint with the Palestine Mission to the United Nations. Khalil also served as a negotiator between Columbia University and anti-Israel protesters in a bid to reduce campus tensions, the attorney said in his statement.
“The government has brought these new baseless allegations in an attempt to hide from the fact that its true motivation in bringing all these charges against Mahmoud is to silence him,” Van Der Hout said. “This is McCarthyism repeating itself. Mahmoud and his community of supporters will not be silenced, and the American public should stand up strong and loud against this.”
Another group that is representing Khalil, the Center for Constitutional Rights, released a letter the student wrote from the Louisiana detention facility.
“In the weeks ahead, students, advocates and elected officials must unite to defend the right to protest for Palestine,” he wrote. “At stake are not just our voices, but the fundamental civil liberties of all. Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child.”
The attorneys representing Khalil have filed a petition for a writ of habeas corpus, alleging that government authorities arrested him on the basis of his speech and activities in support of human rights for Palestinians. The arrest violated his Due Process Clause rights and the First Amendment, according to the attorneys.
One of his attorneys has also argued that the 1952 law used as the basis of his arrest was directed toward spies from the former Soviet Union and was never intended to be used as a justification for punishing people who were engaging in speech protected by the Constitution.
Another member of Khalil’s legal team, Amy Greer of the New York law firm Dratel & Lewis, criticized the circumstances of his arrest and detention.
“He was taken by plainclothes federal agents, transferred in the middle of the night across state lines and has been detained for over a week now, all because of his advocacy for Palestinian freedom,” Greer said in a statement. “We will not stop working until Mr. Khalil is home with his wife.”