A federal court in the United States has dismissed an effort by President Donald Trump’s administration to block Palestinian rights activist Mahmoud Khalil’s legal challenge against his detention and deportation. On March 19, 2025, Judge Jesse Furman ruled that Khalil's case, which stems from his participation in campus protests concerning Gaza, must proceed, though it will now be heard in New Jersey, where Khalil has been detained since his arrest.
Khalil, who is a graduate student at Columbia University and a legal permanent resident, has been detained since March 8, 2025. His arrest came amid a broader campaign by the Trump administration aimed at deporting non-U.S. citizens participating in protests against Israel's military actions in Gaza, particularly in the wake of the October 2023 Hamas attacks on Israel. The legal action taken by Khalil's attorneys seeks to challenge what they assert is a politically motivated detention that violates his First Amendment rights.
In making his decision, Judge Furman stated, "These are serious allegations and arguments that, no doubt, warrant careful review by a court of law; the fundamental constitutional principle that all persons in the United States are entitled to due process of law demands no less." His ruling highlighted the critical nature of the case, emphasizing the complexities involved in determining how the government may rescind a lawful resident's status.
Upon his arrest by Immigration and Customs Enforcement (ICE) agents outside his Columbia residence, Khalil was initially detained in Manhattan before being transferred to Louisiana. His lawyers contend that this transfer was a strategic move by the government to prevent his case from being heard in New York or New Jersey, both areas with potential for more sympathetic rulings regarding free speech concerns.
The legal battles have become a focal point for Khalil’s advocates, especially considering that he has not been charged with any crime. Instead, he is facing deportation under a seldom-used provision of the Immigration and Nationality Act, which allows for the removal of any lawful resident if their presence is seen to harm U.S. foreign policy. Secretary of State Marco Rubio referenced this provision on March 16, stating that involvement in “pro-Hamas events” counters U.S. foreign policy.
In a poignant reflection of his situation, Khalil recently described himself as a "political prisoner" in a letter from detention. He emphasized that his activism aimed at advocating for Palestinian rights played a role in his detention, asserting, “My arrest was a direct consequence of exercising my right to free speech.” His wife, Noor Abdallah, an American citizen, is currently eight months pregnant and unable to visit him, adding further emotional strain to the situation.
The case is indicative of the broader context of free speech and immigration policy in the United States, particularly as Trump’s administration has faced criticism for its handling of immigrant rights and political dissent. Khalil’s situation has drawn comparisons to authoritarian practices seen in other countries, prompting concerns that the U.S. government is weaponizing immigration enforcement as a tool against political activism.
Hannah Flamm, the acting senior policy director at the International Refugee Assistance Project (IRAP), commented on the implications of Khalil's case, saying, "The Trump administration is seeking to send a message with the unlawful and deplorable disappearance of Mr. Khalil. This is not the first occasion when the U.S. government has weaponized immigration enforcement to separate families and to terrorize communities.”
Judge Furman has kept the order barring Khalil’s deportation in place while the New Jersey court takes on the legal challenges. However, he has not yet ruled on Khalil’s request for bail, leaving that determination to the New Jersey court that is set to oversee the proceedings. As legal experts closely monitor the outcome, the case remains a potent symbol of the current tensions surrounding immigration law and the rights of activists within the United States.
After being publicly agitated during his detention, Khalil has depended on a support network that spans legal advocates and activists who have rallied to his cause. As he prepares to graduate from Columbia University in May 2025, Khalil’s actions and the sustained attention to his case may influence how U.S. immigration policy is viewed in relation to political activism in the future. With his case now pushed to New Jersey, where political sentiments could differ from those in Louisiana, advocates are hopeful for a more favorable outcome in the forthcoming hearings.
