Legal expert reveals how Trump admin can deport major anti-Israel activist
Khalil, who's technically a legal permanent resident, was arrested in March over his pro-Palestinian activism on the Columbia University campus in New York City, and an immigration judge ruled he could be removed from the country based on a memo from Secretary of State Marco Rubio that said his campus protests were at odds with U.S. foreign policy interests.
He was released from federal detention in Louisiana last month after a court ruling.
"The judge did not have the authority to decide on Khalil's detention status. This was specifically an only foreign immigration judge, not a federal judge. He doesn't have the wherewithal, the knowledge, or the legal backing to make this decision. Khalil should have never been released," Attorney Mehek Cooke said, agreeing with the administration's assessment that Khalil poses a threat due to his anti-Israel activism.
"And the last time I checked, President Trump is the Commander-in-Chief, Secretary Rubio has determined Khalil not only to be a threat to national security, but under his jurisdiction, asked for his removal. And we're constantly seeing judges circumvent federal immigration law, the Commander-in-Chief, and now Secretary Rubio for political gain," she continued.
In addition, the DHS said Khalil allegedly omitted key information from his green card application about groups with which he was affiliated, including the Columbia University Apartheid Divest, and Cooke said the allegations about his application strengthen the case for his removal.
"I think that the prosecution needs to strategically pursue an appeal that specifically challenges the judge's lack of jurisdiction and get in front of an immigration court judge to say that this district court did not have the authority to remove him and an immigration court judge should be able to then get back to a detention hearing and put Khalil in a detention facility," she said.
Rubio cited a provision of the Immigration and Nationality Act to justify his finding, and a New Jersey federal judge, Michael Farbiarz, later enjoined the secretary from using that determination to deport Khalil. Farbiarz was the judge who ultimately released Khalil on bail, with travel restrictions, as the case continues, according to CBS News.
"I think that what's surprising to me today is that we have a rogue judge in New Jersey that's overriding the law to free somebody who's threatening American interests," Cooke said.
"But I think we have to push for an immigration judge to swiftly rule and ensure that not only is Khalil deportable on foreign grounds, but find that because he was fraudulent, redetain him under the [Immigration and Nationality Act] Section 212, and immediately push for removal," she added.
On the flip side, the American Civil Liberties Union has vocally advocated for Khalil, as they believe his detainment was a First Amendment issue.
"It is an enormous relief that Palestinian human rights defender Mahmoud Khalil can return to New York while his case proceeds. Now, Mr. Khalil will thankfully be reunited with his wife and newborn — a bond that never should have been broken in the first place," Donna Lieberman, executive director at the NYCLU, said in a statement on June 20 amid news of his release.
"Ideas are not illegal, and no administration should ever incarcerate people for expressing opinions they disagree with. We are heartened and relieved that Mr. Khalil can return to his family, community, and counsel, and the NYCLU will continue to fight back against Trump's unconstitutional attacks on free speech and dissent," Lieberman added.
As for Cooke, she said that "there's a lot of debate about freedom of speech, but when you combat it with national security and terrorism, it isn't free speech anymore."
"It's a megaphone for terror, and that's exactly what Khalil's protests are. It wasn't about debate. It was about destabilizing America," she added.
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