New York: A high-profile legal dispute over the arrest of Columbia University student Mahmoud Khalil is set to unfold in federal court, with the U.S. government signaling its opposition to the Palestinian activist’s bid for release. The case has become a focal point of the Trump administration’s immigration policies, raising questions about free speech, due process, and alleged ties to designated terrorist organizations.
U.S. District Judge Jesse Furman in Manhattan temporarily halted Khalil’s deportation on Monday and scheduled a hearing for Wednesday. However, government lawyers argue that Furman lacks the authority to decide the case, asserting that his jurisdiction should be addressed before considering Khalil’s legal arguments.
A Legal Test for Free Speech and Immigration Policy
The case is likely to test the boundaries of immigration law and the constitutional right to free speech, particularly concerning expressions of support for Palestine. The Trump administration has intensified efforts to deport foreign students linked to pro-Palestinian activism, with Trump himself alleging—without presenting evidence—that Khalil supported Hamas.
Khalil, 29, was a prominent activist at Columbia University, where protests against Israel’s military campaign in Gaza escalated after Hamas’ October 2023 attack. The attack resulted in 1,200 deaths, according to Israeli reports, while the subsequent Israeli military offensive has killed over 48,000 Palestinians, according to Gaza’s health ministry.
Trump took to social media on Monday, branding Khalil a “Radical Foreign Pro-Hamas Student” and warning of further arrests. White House spokeswoman Karoline Leavitt echoed the administration’s stance, stating that “individuals studying in the U.S. who side with terrorist organizations will not be tolerated.”
Secretary of State Marco Rubio justified the move, asserting that the U.S. has the right to revoke residency status from individuals deemed threats to national security. Leavitt claimed that Hamas-affiliated flyers had been distributed at protests organized by Khalil but did not provide specific evidence linking him to the militant group.
Khalil’s Defense and the Role of Columbia University
Khalil’s legal team maintains that his activism is protected under the First Amendment. His lawyers describe him as a “mediator and negotiator” advocating for Palestinian rights and insist that his arrest on Saturday outside Columbia’s student housing was unlawful.
Columbia University has acknowledged Khalil’s role as a lead negotiator during discussions with administrators over student demands to divest the school’s $14.8 billion endowment from weapons manufacturers and other firms linked to Israel.
Legal experts suggest that while Judge Furman could order Khalil’s release if his rights were violated, his deportation proceedings would continue in immigration court, where a separate judge would rule on his case.
Protests and Political Reactions
Khalil’s arrest has sparked demonstrations across New York City and condemnation from Democratic lawmakers and international human rights groups.
In a letter to Homeland Security Secretary Kristi Noem, 14 Democratic members of Congress, including Palestinian-American Representative Rashida Tlaib, denounced Khalil’s detention as “a lawless abuse of power and political repression.”
Protesters took to the streets of lower Manhattan, chanting “Free Palestine” and anti-police slogans. A Reuters witness reported at least six arrests after demonstrators refused to clear the street before rush hour. Meanwhile, rallies continued at college campuses throughout the city.
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“This arrest marks a dangerous escalation in the assault on civil liberties,” said Danny Katch, an English teacher at City College of New York, during a protest at Columbia’s uptown campus.
Khalil’s Immigration Status and Legal Challenges
Born in Syria, Khalil entered the U.S. on a student visa in 2022. He recently completed a master’s degree in public administration at Columbia and is scheduled to graduate in May. In 2023, he obtained a green card, granting him legal U.S. residency and constitutional protections, including free speech rights.
On Sunday, Rubio stated that the administration is revoking visas and green cards of individuals suspected of supporting Hamas, paving the way for deportations. However, legal experts note that the government must present “clear, convincing, and unequivocal evidence” to justify Khalil’s removal—an evidentiary standard lower than criminal trials but higher than most civil cases.
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If an immigration judge rules against Khalil, he would have the right to appeal, potentially dragging the case out for years.
A Case with Far-Reaching Implications
Beyond Khalil’s fate, the case is poised to become a landmark legal battle over student activism, immigration enforcement, and the limits of political expression. With the Trump administration doubling down on its crackdown against pro-Palestinian demonstrators, the outcome could set a precedent for how similar cases are handled in the future.
