US Court Allows Deportation Of Palestinian Student Mahmoud Khalil, Cites National Security Risk
Columbia student and Palestinian activist Mahmoud Khalil can be deported out of the United States for being a national security risk, a Louisiana judge, Judge Jamee Comans of the LaSalle Immigration Court, ruled on Friday.
This allows the President Donald Trump administration to put in its effort to remove Khalil a month after he was arrested in New York.
According to a Reuters report, while the Louisiana judge's ruling was not final, of Khalil’s fate, it is still a representation of Trump’s victory in his effort to deport foreign pro-Palestinian students who are in the United States legally and, like Khalil, have not been charged with any crime.
The Rubio Letter
Trump-appointed US Secretary of State Marco Rubio determined last month that Khalil could harm American foreign policy interests and should be deported for his "otherwise lawful" speech and activism. To this, Judge Comans said she didn’t have authority over the US State Secretary and said the government’s contention that Khalil’s presence in the US posed “potentially serious foreign policy consequences” was enough to satisfy requirements for his deportation.
Comans said her ruling turned to the two-page letter signed by Rubio and submitted to the court and to Khalil's counsel.
However, Khalil’s lawyers said that they were given less than 48 hours to review this letter and evidence submitted by the Trump administration to the judge this week. Marc Van Der Hout, Khalil's lead immigration attorney, repeatedly asked for the hearing to be delayed.
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Rubio wrote in the letter that Khalil should be removed for his role in "antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States."
Rubio's letter did not allege that Khalil had broken any laws but stated that the State Department has the authority to revoke an immigrant's legal status if the immigrant could harm US foreign policy interests even when their beliefs, associations or statements are "otherwise lawful."
Comans said the government had “established by clear and convincing evidence that he is removable”, as per the Associated Press (AP) report.
Khalil’s Lawyers Given Till April 23
Khalil was born in a Palestinian refugee camp in Syria, holds Algerian citizenship and became a US lawful permanent resident last year. Khalil's wife is a US citizen.
According to Reuters, Khalil is in the Louisiana jail where he was transferred on March 8 following his arrest at his Columbia University apartment. Khalil’s lawyers were given April 23 to apply for relief before Judge Coman considers whether to issue the deportation order.
An immigration judge may decide that a migrant cannot be deported if there is a risk of persecution in their home country, as per Reuters.
Meanwhile, in a separate case in New Jersey, a district judge blocked deportation proceedings as he considered Khalil’s argument that his arrest was a violation of the First Amendment of the US Constitution, which safeguards freedom of speech.
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