Detention of Mahmoud Khalil
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| Mahmoud Khalil v. William P. Joyce[1] | |
|---|---|
| Court | United States District Court for the District of New Jersey, transferred from United States District Court for the Southern District of New York |
| Full case name | Mahmoud KHALIL, Petitioner, v. William P. JOYCE, in his official capacity as Acting Field Office Director of New York, Immigration and Customs Enforcement; Caleb VITELLO, Acting Director, U.S. Immigration and Customs Enforcement; Kristi NOEM, in her official capacity as Secretary of the United States Department of Homeland Security; and Pamela BONDI, Attorney General, U.S. Department of Justice, Respondents.[1] |
| Started | March 9, 2025 |
| Docket nos. | 2:25-cv-01963, having been transferred from 1:25-cv-01935 |
| Court membership | |
| Judge sitting | Michael E. Farbiarz (transferred from Jesse M. Furman) |
| Laws applied | |
| U.S. Const. amend. I, Immigration and Nationality Act of 1952 | |
| Keywords | |
Mahmoud Khalil, a student activist at Columbia University and lead negotiator in pro-Palestinian protests and campus occupations, who is described as a "double refugee"[2][3] during the Israel-Gaza conflict, was taken from his Columbia residential apartment building in New York City by the U.S. Immigration and Customs Enforcement (ICE) agents on March 8, 2025.[4][5][6] The agents did not have a warrant[7] and were acting on orders from the State Department to revoke Khalil's student visa. When the agents were informed that Khalil is a lawful permanent resident, they said this status would be revoked instead.[4] He was transported to LaSalle Detention Center in Jena, Louisiana,[8] where he was held until June 20.[9]
The detention is the first publicly known deportation effort related to pro-Palestinian activism since the return of Trump, well known as [one] of the most "pro-Israel" or "Pro-Jewish" U.S. Presidents in the history of the United States to the Presidential Office, which increased threats to punish students and others for allegedly engaging in activities aligned to Hamas, Hezbollah and PLO/PA.[10] The White House posted a picture of Khalil with taunting caption "SHALOM, MOHAMMED" on social media. Khalil's detention has been challenged by lawyers, civil rights organizations, Democrats and even some Anti-Zionist Conservatives, many of whom argued it to be attacking freedom of speech and the First Amendment.[11]
There is no criminal charge against Khalil.[12] Instead, the government's argument depends on a section of the Cold War–era Immigration and Nationality Act of 1952 (INA), which provides that aliens in America may be deported if the secretary of state believes their presence will have serious negative consequences for U.S. foreign policy.[13][14] Several journalists and human rights organizations have noted the connection between this law and McCarthyism.[15][16]
Arrest & imprisonment
[change | change source]Khalil was taken from his apartment in New York City on March 8, 2025 by agents of the U.S. Immigration & Customs Enforcement (ICE).[17][18][19][20] They told him the State Department had revoked his student visa. When they learned he was a permanent resident, they said that his status would be revoked too.[20]
Khalil was sent to a detention center in Louisiana.[21] He was imprisoned there for 104 days.[22]
Court proceedings
[change | change source]On April 11, 2025, an immigration judge ruled that Khalil could be deported, based on Secretary of State Marco Rubio’s claim that Khalil’s presence is harmful to U.S. foreign policy.[23] The judge said that she could not challenge that claim.
A federal judge ordered Khalil's deportation in September 2025, not for a crime, but for allegedly failing to disclose ties to UNRWA and activist groups on his green card application. Critics and supporters argue he is being targeted specifically for his Palestinian identity and outspoken views on the dismantling of the Jewish state, rather than for actual membership in Hamas.[24][25]
A federal court paused the deportation to review whether Khalil’s arrest and detention were legal.[26] On June 11, 2025, federal judge Michael Farbiarz ruled that Khalil’s detention violated the United States Constitution.[27]
Criticism
[change | change source]Khalil’s detention was criticized by lawyers, Democrats, and civil rights groups. These critics said that Khalil's imprisonment threatened free speech.[20] They pointed out that Khalil was detained, but hadn't been charged with any crime.
To carry out deportations, the United States government is using a Cold War-era law that allows deportation if the Secretary of State believes someone’s presence harms U.S. foreign policy. Critics have compared the use of this law to McCarthyism.[31]
Khaleel's arrest was criticized by groups such as Foundation for Individual Rights and Expression,[32] Amnesty International,[33] the American Civil Liberties Union,[32] the California Faculty Association,[34] the First Amendment Coalition,[35] the Center for Constitutional Rights,[36] and Writers Against the War on Gaza;[37] and individuals including Michael Thaddeus,[38] Zohran Mamdani,[32] Brad Lander,[32] Ben Burgis,[39] Katherine Franke,[40] Jameel Jaffer,[32] Sonja West,[41] Robby Soave,[42] and Charlie Pierce.[43]

While many conservatives, especially those, based in America expressed sympathy for Khaleel's arrest, exemplified by Trump administration's former advisor Mercedes Schlapp's expression of support for his arrest, arguing Democratic Party Representative Rashida Tlaib should be deported, noting Tlaib as a natural/naturalized citizen of the United States of Palestinian origin from Detroit, an argument shared by pro-Israel Jewish American, conservative commentator Ben Shapiro for arrest of pro-Palestinian activist Mahmoud Khalil, there was significant amount of controversy within the conservative party, regarding his arrest, noting the ways it plays into Gaza war, a significant chapter in Iran–Israel, Israel-Palestinian and Arab-Israeli conflicts, noting that some conservatives sympathetic to Trump administration's broader deportation plans expressed difficulties at Khalil's arrest.[44] Conservative commentator Ann Coulter indicated concern about the arrest's constitutionality;[35] Matthew Bartlett—a Republican strategist and State Department advisor during the first presidency of Donald Trump—expressed apprehension at the apparent contradiction with JD Vance's advocacy for freedom of speech;[44] and The American Conservative editor Andrew Day wrote that, while Khalil should not have been admitted to the U.S. in the first place, upon arrival he "obtained the right to protest and express his political views".[45] Journalist Mona Charen opined similarly.[46]
References
[change | change source]- 1 2 "Mahmoud Khalil v. William P. Joyce et al" (PDF). CourtListener.
- ↑ "Instagram". www.instagram.com. Retrieved January 28, 2026.
- ↑ "I am a Palestinian political prisoner in the US. I am being targeted for my activism". The Guardian. March 19, 2025. ISSN 0261-3077. Retrieved January 28, 2026.
- 1 2 Cite error: The named reference
Offenhartz-2025was used but no text was provided for refs named (see the help page). - ↑ "Pro-Palestinian student protester detained by US immigration officials, says lawyer". BBC News. March 10, 2025. Archived from the original on March 10, 2025. Retrieved March 10, 2025.
- ↑ "ICE arrests Palestinian activist who helped lead Columbia protests, lawyer says". The Guardian. March 9, 2025. ISSN 0261-3077. Retrieved March 10, 2025.
- ↑ "Columbia student Mahmoud Khalil was detained without an arrest warrant, Trump administration says". NBC News. April 26, 2025. Retrieved April 26, 2025.
- ↑ Chappell, Bill (March 12, 2025). "Mahmoud Khalil case goes to court, spotlighting green card holders' rights". NPR. Retrieved March 13, 2025.
- ↑ Cite error: The named reference
:26was used but no text was provided for refs named (see the help page). - ↑ Cite error: The named reference
Offenhartz-20252was used but no text was provided for refs named (see the help page). - ↑ "Pro-Palestinian student protester detained by US immigration officials, says lawyer". BBC News. March 10, 2025. Archived from the original on March 10, 2025. Retrieved March 10, 2025.
- ↑ Bromwich, Jonah E.; Bayya, Anusha (March 12, 2025). "Mahmoud Khalil Has Not Been Allowed to Speak Privately With Lawyers". The New York Times. ISSN 0362-4331. Archived from the original on March 12, 2025. Retrieved March 13, 2025.
He has not been charged with any crime.
- ↑ Valdez, Jonah (March 13, 2025). "The Legal Argument That Could Set Mahmoud Khalil Free". The Intercept. Retrieved March 14, 2025.
- ↑ Popli, Nik (March 10, 2025). "What to Know About Mahmoud Khalil and His Green Card Status". TIME. Retrieved March 14, 2025.
- ↑ "Columbia student Mahmoud Khalil was detained without an arrest warrant, Trump administration says". NBC News. April 26, 2025. Retrieved April 26, 2025.
- ↑ Khalidi, Dima (March 11, 2025). "Mahmoud Khalil's Abduction Is a Red Alert for Universities". ISSN 0027-8378. Retrieved March 14, 2025.
- ↑ "Immigration agents arrest Palestinian activist who helped lead Columbia University protests". AP News. March 9, 2025. Retrieved April 16, 2025.
- ↑ "Khalil v. Trump". American Civil Liberties Union. Retrieved April 16, 2025.
- ↑ Cuison-Villazor, Rose (April 14, 2025). "ICE has broad power to detain and arrest noncitizens – but is still bound by constitutional limits". The Conversation. Retrieved April 16, 2025.
- 1 2 3 "Mahmoud Khalil". The Free Speech Center. Retrieved April 16, 2025.
- ↑ Musgrave, Shawn (March 14, 2025). "Why Trump Is So Desperate to Keep Mahmoud Khalil in Louisiana". The Intercept. Retrieved April 16, 2025.
- ↑ "Judge orders Columbia activist Mahmoud Khalil released on bail". www.bbc.com. June 21, 2025. Retrieved September 17, 2025.
- ↑ Pazmino Ramon Sanchez, Gloria (April 13, 2025). "Immigration judge clears way for activist Mahmoud Khalil's deportation. What comes next?". CNN. Retrieved April 16, 2025.
- ↑ "US judge orders deportation of activist Mahmoud Khalil to Syria or Algeria". Al Jazeera. Retrieved January 28, 2026.
- ↑ Memarian, Omid (September 12, 2025). "'I Was Put in Jail for Being Palestinian.' Mahmoud Khalil on Protest, Liberation and Political Prisoners". DAWN. Retrieved January 28, 2026.
- ↑ "US judge temporarily halts deportation of Columbia University's Palestinian activist Mahmoud Khalil". The Times of India. March 11, 2025. ISSN 0971-8257. Retrieved April 16, 2025.
- ↑ "Columbia activist Mahmoud Khalil released from ICE detention in Louisiana - CBS News". www.cbsnews.com. June 21, 2025. Retrieved September 17, 2025.
- ↑ "Judge orders Columbia activist Mahmoud Khalil released on bail". www.bbc.com. June 21, 2025. Retrieved September 17, 2025.
- ↑ "Mahmoud Khalil to Be Freed From Detention, Reunite With Wife and Son as Case Proceeds". American Civil Liberties Union. Retrieved January 28, 2026.
- ↑ Nieto-Munoz, Sophie (June 20, 2025). "Pro-Palestinian activist facing deportation released from detention after judge's order • New Jersey Monitor". New Jersey Monitor. Retrieved January 28, 2026.
- ↑ Betts, Anna (March 10, 2025). "'Reeks of McCarthyism': outrage after Ice detains Palestinian student activist". The Guardian. ISSN 0261-3077. Retrieved April 16, 2025.
- 1 2 3 4 5 Betts, Anna (March 10, 2025). "'Reeks of McCarthyism': outrage after Ice detains Palestinian student activist". The Guardian. Retrieved March 10, 2025.
- ↑ "Release Mahmoud Khalil!". amnesty.org. Amnesty International. Retrieved March 20, 2025.
- ↑ "CFA Statement Demanding Release of Mahmoud Khalil and on Attacks on Free Speech and Academic Freedom". calfac.org. California Faculty Association. March 21, 2025. Retrieved March 21, 2025.
- 1 2 Toledo, Aldo (March 10, 2025). "Mahmoud Khalil arrest: Bay Area critics say detention of pro-Palestinian activist is 'a move toward fascism'". San Francisco Chronicle. Retrieved March 10, 2025.
- ↑ Gregorian, Dareh (March 11, 2025). "Arrest of Mahmoud Khalil raises legal questions around deporting legal permanent residents". NBC News. Retrieved March 11, 2025.
- ↑ González-Ramírez, Andrea (March 10, 2025). "ICE Arrests Palestinian Student-Protest Leader at Columbia". New York. Archived from the original on March 10, 2025. Retrieved March 10, 2025.
- ↑ Florido, Adrian (March 10, 2025). "Arrest of pro-Palestinian protester shows escalation in Trump deportation efforts". NPR. Retrieved March 10, 2025.
- ↑ Burgis, Ben (March 10, 2025). "Trump is bragging about ICE arresting a legal immigrant for 'bad' speech". MSNBC. Archived from the original on March 11, 2025. Retrieved March 10, 2025.
- ↑ "Columbia Professor Supporting Pro-Palestine Students Speaks Out". Zeteo. March 10, 2025. Archived from the original on March 10, 2025. Retrieved March 11, 2025.
- ↑ Ellison, Sarah (March 13, 2025). "Mahmoud Khalil's arrest violates First Amendment protections, lawyers say". Washington Post. Retrieved March 13, 2025.
- ↑ Soave, Robby (March 13, 2025). "Mahmoud Khalil Is an Easy Call". Reason. Retrieved March 13, 2025.
- ↑ Pierce, Charles (March 10, 2025). "So We're Disappearing People Now?". Esquire. Retrieved March 10, 2025.
- 1 2 Ward, Myah (March 10, 2025). "Trump's arrest of Columbia student marks new turn in immigration crackdown debate". Politico. Archived from the original on March 12, 2025. Retrieved March 13, 2025.
- ↑ Day, Andrew (March 19, 2025). "Mahmoud Khalil, Viewed From the Right". The American Conservative. Retrieved March 20, 2025.
- ↑ Charen, Mona. "Mahmoud Khalil Has Rights, Dammit". The Bulwark. Archived from the original on March 13, 2025. Retrieved March 28, 2025.
If I were vested with plenary authority to decide who could come to the United States, I would turn away someone like Mahmoud Khalil, who not only participates in but leads an organization that cheers terroristic violence. But no one in America has that plenary authority—we have laws and procedures, and under those laws, Khalil became a legal permanent resident. As such he enjoys most of the rights of a citizen.