Mahmoud Khalil’s attorneys on Thursday blasted a court filing from Secretary of State Marco Rubio claiming he has the ability to remove noncitizens for their speech and beliefs, a filing that came after an immigration judge demanded the government present evidence against the former Columbia University student as it seeks to deport him.
In his memo, obtained by The Associated Press, Rubio cited a rarely used provision of law that says the secretary of State can deport a noncitizen if they pose a threat to foreign policy.
Rubio argues if Khalil remains in the country, it would harm “U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States.”
The memo came after Louisiana Judge Jamee Comans ordered the federal government on Wednesday to produce evidence against Khalil within 24 hours, saying she would make a ruling on whether or not he could be deported on Friday.
“This document underscores that the government has ripped Mahmoud Khalil from his home and nine-months pregnant wife, Dr. Noor Abdalla, solely because it disagrees with his speech. Controversial speech is not illegal, and political speech that criticizes the Israeli government or U.S. foreign policy is constitutionally protected,” said Molly Biklen, interim legal director for New York Civil Liberties Union and part of Khalil’s legal team.
“If anything, this document only underscores the startling escalation of Trump’s war on dissent and efforts to remove people who disagree with him or U.S. policy. It’s nothing more than a naked attack on all of our free speech rights,” Biklen added in a statement.
Rubio’s filing did not include other accusations the government has lobbed against Khalil: that he failed to disclose former organizations he worked for on his green card application, such as the Syria Office in the British Embassy in Beirut.
Khalil has been in Immigration and Customs Enforcement (ICE) detention for over a month after his arrest launched the ongoing battle between the Trump administration and foreign students.
Rubio and President Trump have revoked hundreds of visas as part of the administration’s sweeping immigration purge, including multiple students who, like Khalil, participated in their schools’ pro-Palestinian protests.
