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Is ICE violating free speech? The case of the student ignites fierce debate

May 22, 2025
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Is ICE violating free speech? The case of the student ignites fierce debate
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Jena, LA – Mahmoud Khalil, the Columbia University graduate student and lawful permanent resident detained by immigration authorities since March, is scheduled to appear at a critical immigration hearing on Thursday that could significantly impact his future in the United States.

Khalil, who was involved in negotiations last year representing pro-Palestinian student protesters at Columbia’s New York campus, has not been charged with any crime. He is among several foreign nationals the Trump administration has accused of posing a national security threat due to alleged ties to terrorist organizations, a claim vehemently disputed by his legal team.

During Thursday’s hearing, Khalil’s attorneys are expected to renew their motion to terminate the deportation proceedings, citing what they describe as “egregious government misconduct.” Their arguments center on the legality of Khalil’s warrantless arrest and the assertion that he was specifically targeted due to his pro-Palestinian viewpoints.

The hearing coincides with a federal judge’s order mandating immigration officials to permit an in-person meeting between Khalil and his wife, Dr. Noor Abdalla, at the Louisiana detention facility where he is currently held. This meeting would mark the first time the couple has seen each other since Khalil’s detention in March and since the birth of their first child.

Khalil’s arrest was the first in the Trump administration’s immigration crackdown targeting student activism. While the White House has since retreated from the cancellation of numerous student visas, Khalil has remained in detention without charge, missing the birth of his son and his Columbia graduation ceremony.

His detention has sparked widespread protests from supporters who believe it represents a blatant violation of fundamental American values, particularly the protection of free speech.

In the 75 days since his arrest, at least three other international college students facing deportation by the Trump administration – Rümeysa Öztürk, Mohsen Mahdawi, and Badar Khan Suri – have been detained and subsequently released following legal challenges. Federal judges in their cases agreed to their release pending the outcomes of their immigration court proceedings.

Khalil’s case, however, has progressed slowly, with both a federal district court in New Jersey and an administrative immigration court in Jena, Louisiana, considering the next steps.

Baher Azmy, legal director of the Center for Constitutional Rights and one of Khalil’s attorneys, expressed concern over the “worrying lack of independence and fairness” exhibited by the court regarding the legality of Khalil’s detention and removal.

Khalil’s legal team alleges that the government’s strategy involves delaying Khalil’s habeas corpus proceedings in federal court, where a judge has the authority to order his release, while simultaneously expediting proceedings in the Department of Justice’s immigration court, where judges have less independence.

Marc Van Der Hout, another lawyer for Khalil, stated, “There has been no reason that they’re rushing so fast except to try to get this case over before the federal court judge can do anything. It’s been truly obvious.”

During Thursday’s decisive immigration hearing, Khalil’s attorneys will again argue for the termination of deportation proceedings, presenting new video evidence they claim contradicts the government’s assertion that a warrant was unnecessary for Khalil’s arrest due to flight risk concerns. The footage reportedly shows Khalil cooperating with immigration officers in his building lobby and making no attempt to flee, directly challenging claims made by Justice Department attorneys in court. CNN exclusively reported on this previously unseen video earlier this week.

Van Der Hout asserted, “We have now caught the government in three direct lies, some of them to the court.”

Khalil’s legal team has also submitted hundreds of pages of new evidence to prevent his removal, including testimonials from Khalil’s professors and classmates, including Jewish students and academics, attesting to his character. Expert declarations also suggest that Khalil is likely to face persecution if deported.

Johnny Sinodis, an immigration attorney for Khalil, expressed confidence that the evidence demonstrates a significant likelihood of egregious harm should Khalil be deported. His legal team has also filed an asylum application to prevent his removal, a move the Justice Department attorneys have indicated they will oppose, citing national security concerns.

Khalil’s attorneys anticipate a likely appeal to the Board of Immigration Appeals. Separately, a restraining order issued by a federal judge in New Jersey currently prevents his removal until the federal case is resolved.

The Trump administration is employing a rarely invoked provision of U.S. immigration law, arguing that Khalil’s presence threatens the administration’s foreign policy objective of combating antisemitism. An immigration judge previously ruled in April that Khalil could be deported based on the government’s argument of “potentially serious foreign policy consequences.” Khalil’s attorneys maintain that the government’s evidence is insufficient and relies solely on a letter from Secretary of State Marco Rubio that does not allege any criminal activity, arguing that Khalil is being targeted for his political speech, a violation of the First Amendment.

In a related development, Khalil’s plight was mentioned during a commencement speech by acting Columbia President Claire Shipman, who faced boos from graduates. Shipman acknowledged Khalil’s absence, stating, “I know many in our community today are mourning the absence of our graduate Mahmoud Khalil.”

A federal district judge in New Jersey has ordered immigration authorities to facilitate an in-person meeting on Thursday morning between Khalil, his lawyers, and his wife. However, the order did not mandate the inclusion of their newborn son, despite the family’s desire for Khalil to hold his child for the first time.

Earlier this week, ICE officials in Louisiana denied Khalil’s legal team and his wife a contact visit with their newborn son, citing a blanket policy against such visits.

Dr. Abdalla condemned this decision, stating, “After flying over a thousand miles to Louisiana with our newborn son, his very first flight, all so his father could finally hold him in his arms, ICE has denied us even this most basic human right. This is not just heartless. It is deliberate violence, the calculated cruelty of a government that tears families apart without remorse.”

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