An immigration judge ruled on Tuesday that the Trump administration has until 5pm on Wednesday to present evidence as to why Mahmoud Khalil, the Palestinian activist and Columbia University graduate, should be deported. She said that if the evidence does not support deportation, she may rule on Friday on his release from immigration detention.
Khalil, a green-card holder and leader in the pro-Palestinian protests at Columbia University last year, was detained on 8 March. The Trump administration claims that his presence has adverse foreign policy consequences, an argument decried by his legal team as a blatant free speech violation. The government has not provided any evidence that he broke the law, a typical condition for revoking permanent residency.
The Department of Homeland Security (DHS) can “either can provide sufficient evidence or not”, said the judge, Jamee Comans, from her courtroom in Jena, Louisiana. “If he’s not removable, I’m going to terminate this case on Friday.”
A lawyer for DHS told the judge: “We have evidence we will submit.”
During the hearing, Khalil sat beside an empty chair, his immigration attorneys and counsel appearing over video on a flatscreen TV. Behind him sat a handful of supporters, some of whom had been directed by security to remove keffiyehs. Khalil, in navy blue detention-issued clothes, sat calmly, sometimes fingering a set of prayer beads.
The proceedings were delayed as Comans tried to pick the attorneys out of the nearly 600 people – media, supporters and observers – attempting to join the video call.
“This is highly unusual,” began Comans, in reference to the number of people attempting to watch the hearing.
“Your honor, I’d appreciate it if you could let my wife in,” Khalil said softly into the microphone. A moment later, the face of Khalil’s wife, Noor Abdalla, appeared on the screen.
“Your honor, there is obviously a lot of public interest in this case, and we would appreciate if there could be online access” granted to the public, began Khalil’s immigration lawyer, Mark Van Der Hout. Comans denied this request and added, seeming frustrated, that she was “very, very close” to making the rest of the legal team appear in person as well.
Van Der Hout said they had requested DHS’s evidence of the allegations more than two weeks ago and had not received a response. “We cannot plead until we know the specific allegations,” he added.
The DHS also alleges that Khalil failed to disclose on his visa application that he had previously worked in a Syrian office of the British embassy and for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), before becoming a member of a pro-Palestinian activist group at Columbia.
Van Der Hout requested to postpone a follow-up hearing Comans had set for Friday, noting: “We may have to depose the secretary of state” due to the nature of the charges against Khalil.
Comans declined, telling him: “You’re in the wrong court for that.” Indicating she wanted to move the case along, she added: “I’m like you, Mr Van Der Hout: I’d like to see the evidence.”
Apart from his immigration case, Khalil is challenging his detention in a separate case before a federal judge in New Jersey.
