Judge Rules Mahmoud Khalil Can Be Deported

Immigration Judge Jamee E Comans ruled that Columbia University graduate Mahmoud Khalil can be deported as a national security risk due to his opinions and associations.

This does not mean Khalil will immediately be deported. Federal District Court judges in New Jersey and New York currently have orders in place to bar his deportation. Lawyers for Khalil are expected to appeal the immigration judge’s decision.

Secretary of State Marco Rubio is applying a seldom used statute to deport Khalil. The statute give the Secretary of State the power to deport anyone he deems, in his sole judgement, to pose “potentially serious adverse foreign policy consequences for the United States.” Rubio has used the vagueness of the clause to claim the right to deport people based solely on their past, present or anticipated future beliefs, statements or associations.

The most pertinent paragraph of the memo submitted by the Department of Homeland Security to the court about this says:

Under INA section 237(a)(4)(C)(), an alien is deportable from the United States if the Secretary of State has reasonable ground to believe that the alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States. Under INA section 237(a)(4)(C)(ii), for cases in which the basis for this determination is the alien’s past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien’s presence or activities would compromise a compelling U.S. foreign policy interest.

Comans said Rubio’s decision was “presumptive and sufficient evidence” and that she had no authority to rule about any question of free speech. She said, “There is no indication that Congress contemplated an immigration judge or even the attorney general overruling the secretary of state on matters of foreign policy.”

Khalil is not accused of violating any law. The government relies on his participation in protests at Columbia University against the war on Gaza to claim he is antisemitic and supports terrorists, but provided no actual evidence to support those claims. He did not participate in occupation of a building and was not arrested in the protests. He served as a negotiator and spokesperson for the protesters.

Click here for more details.

Click here for the DHS memo justifying deportation of people based on past, current or expected future opinions.