Lawyers representing Mahmoud Khalil, a Columbia University student and Palestinian activist, are challenging a recent court ruling that supports his deportation, arguing that his rights to free speech are being violated. Khalil, a Syrian-born permanent resident, is facing removal from the United States due to his involvement in anti-Israel protests at the Ivy League school.
Marc van der Hout, Khalil’s attorney, criticized the federal government’s actions, claiming they show a “lack of due process.” Van der Hout emphasized that Americans have the constitutional right to express their beliefs, citing examples of controversial groups like Nazis and the Ku Klux Klan, whose rights to free expression have been upheld by the Supreme Court.
“We have a constitution that protects freedom of speech, including those who express extreme views,” van der Hout remarked during a press briefing. “Yet, Mahmoud Khalil is being singled out for his activism, and we’re going to defend his right to speak out against the Middle East situation and the U.S. government’s actions.”
At a recent immigration hearing in Louisiana, Judge Jamee Comans ruled in favor of the government’s request to remove Khalil from the U.S., asserting that the government had provided “clear and convincing evidence” that Khalil should be deported. Khalil’s legal team, however, contends that this decision was essentially pre-determined, calling the proceedings biased and unfair.
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Khalil, a 30-year-old Palestinian originally from Syria, was arrested by ICE agents at his apartment in Manhattan on March 8, following a crackdown by the Trump administration on anti-Israel protests at universities. Khalil, who also holds Algerian citizenship, was detained and transferred to an ICE facility in Jena, Louisiana, far from his wife, an American citizen who is pregnant.
The activist gained attention for his involvement in protests at Columbia University, including the controversial occupation of Hamilton Hall in April of the previous year, orchestrated by the Palestinian student group, Columbia Apartheid United Divest. Khalil was serving as a spokesperson for the group, which advocates for the university to divest from companies it claims profit from the Israeli occupation of Palestine.
Khalil’s attorneys are challenging his arrest both in immigration court and through a habeas corpus petition filed in New Jersey federal court, arguing that his detention infringes on his First Amendment rights. They assert that the government is targeting him solely for his anti-Israel activism.
The U.S. Department of Homeland Security and ICE invoked a law that allows for the deportation of noncitizens if their actions are perceived to threaten U.S. foreign policy interests. On Wednesday, Secretary of State Marco Rubio issued a memorandum claiming that Khalil’s actions “undermine U.S. efforts to combat antisemitism” and create a hostile environment for Jewish students.
However, Khalil’s legal team argues that the deportation is politically motivated and not based on legitimate national security concerns. “This case has nothing to do with foreign policy,” stated Johnny Sinodis, another attorney for Khalil. “The government is targeting him for expressing his views, which is protected by the First Amendment.”
Sinodis warned that the ruling could set a dangerous precedent, suggesting that if allowed to stand, it could lead to broader efforts to stifle free speech. “Today, it’s Mahmoud Khalil, but tomorrow it could be anyone else,” Sinodis cautioned. “We are very close to a point where even U.S. citizens could be targeted for their beliefs.”
Khalil’s legal team is not giving up. They plan to submit additional evidence and applications before the court by April 23, continuing their fight against the deportation order. While the ruling doesn’t immediately lead to Khalil’s deportation, the case has sparked widespread concern over the limits of free speech and government overreach.
