In a setback for President Donald Trump’s administration, a U.S. judge in New York denied their attempt to dismiss the legal challenge brought by detained Columbia University student Mahmoud Khalil over his immigration arrest related to his involvement in pro-Palestinian protests. The judge, Jesse Furman, agreed that he did not have jurisdiction over the case and ordered it to be transferred to a federal court in New Jersey, where Khalil was detained when his arrest was initially contested in New York.
Khalil, a 30-year-old of Palestinian descent, was taken into custody by Immigration and Customs Enforcement (ICE) agents on March 8 outside his Manhattan university residence. His lawyers argue that the arrest was in retaliation for his advocacy for Palestinian rights, which they claim violates his free speech rights under the First Amendment of the U.S. Constitution.
The case has gained attention as it intersects with President Trump’s stated aim to deport non-U.S. citizens who participated in protests against Israel’s military actions in Gaza. Khalil, who arrived in the U.S. on a student visa in 2022, married a U.S. citizen in 2023, and obtained a green card last year, has been an active figure in Columbia University’s pro-Palestinian movement.
The administration has justified Khalil’s deportation under a rarely used provision of the 1952 Immigration and Nationality Act, which permits the removal of lawful permanent residents if the secretary of state believes their presence could harm U.S. foreign policy. Secretary of State Marco Rubio has cited Khalil’s participation in “pro-Hamas events” as contradicting U.S. foreign policy objectives.
Khalil’s legal team disputes any ties to Hamas and characterizes him as a peacemaker during the protests. They argue that the administration is unfairly targeting individuals based on protected speech and have requested his immediate release. Khalil’s wife, Noor Abdalla, who is eight months pregnant, has been unable to visit him due to his detention.
The legal provision being invoked in Khalil’s case has only been tested once before, with the late federal Judge Maryanne Trump Barry ruling in the 1990s that it was unconstitutional to remove noncitizens without a fair hearing.
President Bill Clinton challenged the ruling, leading to its reversal on a technicality that did not consider the constitutionality of the law. (Reported by Luc Cohen in New York and Brendan O’Brien in Chicago; Edited by Will Dunham)
