New York Judge to Hear Case of Detained Pro-Palestinian Activist

Green Card Holder’s Arrest Sparks Legal Battle over Free Speech and Deportation

A pivotal legal case is unfolding in New York, where a federal judge will address crucial questions regarding Mahmoud Khalil, a prominent figure in pro-Palestinian protests at Columbia University. Khalil now faces deportation following his arrest by Immigration and Customs Enforcement (ICE) agents, despite holding a green card.

Though Khalil has not been charged with any crime, the Trump administration argues that his protest activities equate to anti-Semitism and support for terrorism, warranting his deportation. Khalil, who recently completed a master’s degree at Columbia, was arrested at his university-owned apartment and is currently detained over 1,000 miles away in Louisiana, while his wife, a U.S. citizen, is eight months pregnant.

The legal team representing Khalil has filed a habeas corpus petition challenging his detention. Judge Jesse Furman ordered a hearing for Wednesday and stated that Khalil “shall not be removed from the United States unless and until” the court issues a ruling.

Green Card Rights and Free Speech

Green card holders in the U.S. possess significant rights, including the ability to live, work, and travel freely. Kelli Stump, president of the American Immigration Lawyers Association, explains, “You’re not a U.S. citizen, but you’re the next level down.” Additionally, as Georgetown Law professor David Cole notes, “The First Amendment does not distinguish between citizens and non-citizens,” meaning free speech protections apply equally to both groups.

However, the government can revoke a green card under certain circumstances, such as fraud or criminal activity. The broad powers granted by anti-terrorism laws also enable the U.S. to block entry or deport non-citizens. Immigration lawyer Jason Dzubow highlights the risk for non-citizens participating in protests, as the government’s interpretation of such activities could lead to deportation.

The Government’s Stance

The Trump administration claims Khalil’s protests indicate support for Hamas, classified as a terrorist organization. Department of Homeland Security spokesperson Tricia McLaughlin stated Khalil “led activities aligned to Hamas.” A January executive order by President Trump pledged to deport international students found guilty of anti-Semitism. In a social media post, Trump labeled Khalil “a Radical Foreign Pro-Hamas Student.”

A key aspect of the case is Khalil’s green card status. His attorney, Amy Greer, revealed that ICE agents initially claimed his student visa was revoked, only to later acknowledge his lawful permanent residency, which they now seek to revoke.

Implications of a Civil Case

Unlike criminal cases, immigration proceedings are civil, offering fewer legal protections to defendants. Dzubow explains that civil defendants lack the right to a government-appointed attorney, making legal defense more challenging. “There’s just less protection available” for green card holders like Khalil, who faces deportation without a criminal conviction, Dzubow notes.

Why Louisiana?

Khalil’s transfer to a distant detention facility is not uncommon in immigration cases. Dzubow suggests this tactic complicates defense efforts by isolating detainees from their support networks. It also raises concerns of “forum shopping,” where legal proceedings are moved to jurisdictions with favorable outcomes for the government. The TRAC Immigration website, which tracks immigration judge decisions, could provide insights into such strategies.