Khalil was arrested and detained on Saturday by federal agents over his role in protests against the Israel-Hamas war at Columbia University last spring. His green card was revoked by the Trump administration, his lawyer said, but a federal judge in New York blocked any immediate effort to deport Khalil until his attorneys and the federal government appear in court.
The case, seemingly the first of its kind, sets the stage for what could come as the Trump administration ramps up its targeting of foreign students and pro-Palestinian demonstrations on college campuses.
President Donald Trump had touted Khalil’s arrest and vowed to find and deport others like him.
“If you support terrorism, including the slaughtering of innocent men, women, and children, your presence is contrary to our national and foreign policy interests, and you are not welcome here,” Trump said on Truth Social on Monday.
The White House has not provided evidence to support accusations against Khalil and it is not clear if he has been charged with any crime.
Khalil’s lawyers argued in court documents his removal from New York City to a detention facility in Louisiana in retaliation for his “protected speech and advocacy” is unconstitutional.
His attorneys filed a habeas corpus petition “challenging the validity of his arrest and detention,” one of his lawyers said Sunday.
Trump administration lawyers will not agree to bring Khalil back to New York without a court order.
Attorneys for both parties filed a joint letter in federal court Tuesday, telling a judge they were unable to reach an agreement to return Khalil to New York, setting up Wednesday’s showdown in court.
Trump administration lawyers told the court they will submit a motion to transfer or dismiss Khalil’s habeas corpus petition, arguing that the Southern District of New York is “an improper venue” and has no jurisdiction over Khalil’s case.
They are not expected to file their motion until midnight on Wednesday and Khalil’s attorneys will have until midnight on Friday to respond. It is not clear whether the judge will address any issues beyond the scheduling during Wednesday’s hearing.
A spokesperson for the Southern District of New York did not immediately return a request for comment.
The Trump administration had based the arrest on a provision of immigration law that gives it broad authority on who can be subject to deportation, according to a senior Homeland Security official.
“If they plan on pursuing terrorism grounds of removal for Khalil, we will likely hear about it from DOJ tomorrow,” John Sandweg, former acting director for ICE said in an email to CNN Tuesday.
But the district court judge “cannot order or approve” Khalil’s deportation, Sandweg said.
ICE and the Justice Department would still need to file a case against Khalil in immigration court, he added, and an immigration judge would decide if he should be stripped of his green card.
At Tuesday’s briefing, White House press secretary Karoline Leavitt said Secretary of State Marco Rubio has the authority to revoke a green card or a visa for those whose “activities in the United States would have potentially serious adverse foreign policy consequences” to the country.
Using those immigration law provisions to deport a green card holder is rare, Sandweg said Monday. They are typically used if ICE alleges a person was “providing direct financial or operational support to a terror organization,” he added.
“It is far less common for ICE to allege that political views or speech renders a green card holder deportable under the terrorism grounds as that raises significant First Amendment concerns,” Sandweg said.
In a statement on Tuesday, Khalil’s wife – a US citizen who is eight months pregnant – referred to him as her “rock.”
“US immigration ripped my soul from me when they handcuffed my husband and forced him into an unmarked vehicle,” she said, while also noting his arrest came as the couple was returning from an iftar dinner, the meal Muslims eat during Ramadan to break their fast.
“Instead of putting together our nursery and washing baby clothes in anticipation of our first child, I am left sitting in our apartment, wondering when Mahmoud will get a chance to call me from a detention center,” she added.
CNN’s Gloria Pazmino, Sabrina Souza, Jeff Winter, Lauren Mascarenhas and Chelsea Bailey contributed to this report.
