Handcuffed and shackled, Mahmoud Khalil was rushed from New York to Louisiana last weekend in a manner that left the outspoken Columbia University graduate student feeling like he was being kidnapped, his lawyers wrote in an updated lawsuit seeking his immediate release.
The lawyers described in detail what happened to the Palestinian activist as he was flown to Louisiana by agents he said never identified themselves. Once there, he was left to sleep in a bunker with no pillow or blanket as top US officials cheered the effort to deport a man his lawyers say sometimes became the “public face” of student protests on Columbia’s campus against Israel’s military actions in Gaza.
The filing late Thursday in Manhattan federal court was the result of a federal judge’s Wednesday order that they finally be allowed to speak with Khalil.
The lawyers said his treatment by federal authorities from Saturday, when he was first arrested, to Monday reminded Khalil of when he left Syria shortly after the forced disappearance of his friends there during a period of arbitrary detention in 2013.
“Throughout this process, Mr. Khalil felt as though he was being kidnapped,” the lawyers wrote of his treatment.
Earlier this week, President Donald Trump heralded Khalil’s arrest as the first “of many to come”, vowing on social media to deport students he said engage in “pro-terrorist, anti-Semitic, anti-American activity”.
In court papers, lawyers for the Justice Department said Kahlil was detained under a law allowing Secretary of State Marco Rubio to remove someone from the country if he has reasonable grounds to believe their presence or activities would have potentially serious adverse foreign policy consequences.
Trump and Rubio were added as defendants in the civil lawsuit seeking to free Khalil.
The government attorneys asked a judge to toss out the lawsuit or transfer it to New Jersey or Louisiana, saying jurisdiction belongs in the locations where Khalil has been held since his detention.
According to the lawsuit, Khalil repeatedly asked to speak to a lawyer after the US permanent resident with no criminal history was snatched by federal agents as he and his wife were returning to Columbia’s residential housing, where they lived, after dinner at a friend’s home.
Confronted by agents for the Department of Homeland Security, Khalil briefly telephoned his lawyer before he was taken to FBI headquarters in lower Manhattan, the lawsuit said.
It was there that Khalil saw an agent approach another agent and say, “the White House is requesting an update,” the lawyers wrote.
At some point early Sunday, Khalil was taken, handcuffed and shackled, to the Elizabeth Detention Centre in Elizabeth, New Jersey, a privately-run facility where he spent the night in a cold waiting room for processing, his request for a blanket denied, the lawsuit said.
When he reached the front of the line for processing, he was told his processing would not occur after all because he was being transported by immigration authorities, it said.
Put in a van, Khalil noticed that one of the agents received a text message instructing that Khalil was not to use his phone, the lawsuit said.
At 2:45 pm Sunday, he was put on an American Airlines flight from Kennedy International Airport to Dallas, where he was put on a second flight to Alexandria, Louisiana. He arrived at 1 a.m. Monday and a police car took him to the Louisiana Detention Facility in Jena, Louisiana, it said.
At the facility, he now worries about his pregnant wife and is “also very concerned about missing the birth of his first child,” the lawsuit said.
In April, Khalil was to begin a job and receive health benefits that the couple was counting on to cover costs related to the birth and care of the child, it added.
“It is very important to Mr. Khalil to be able to continue his protected political speech, advocating and protesting for the rights of Palestinians — both domestically and abroad,” the lawsuit said, noting that Khalil was planning to speak on a panel at the upcoming premiere in Copenhagen, Denmark, of a documentary in which he is featured.
At a hearing Wednesday, Khalil’s attorneys said they had not been allowed any attorney-client-protected communications with Khalil since his arrest and had been told they could speak to him in 10 days. Judge Jesse M. Furman ordered that at least one conversation be permitted on Wednesday and Thursday.
