Louisiana judge rules Mahmoud Khalil can be deported for his views, considers Rubio's undated memo as evidence

A US immigration judge ruled on Friday that Mahmoud Khalil, the Columbia University graduate and Palestinian protest organiser is eligible to be deported from the United States.

The ruling came following a contentious hearing at a remote court in central Louisiana. The judgement is now seen by many as a victory for US President Donald Trump and his team, who are imposing a crackdown on pro-Palestinian protesters in the country.

The decision came just days after US Secretary of State Marco Rubio submitted a short memo to the court in which he argued Khalil’s “current or expected beliefs, statements or associations” were counter to America’s foreign policy interests. The secretary insisted that Khalil’s views are sufficient evidence to remove the lawful permanent resident from the United States.

Interestingly, the undated memo is the main evidence submitted by the counsel representing the Trump administration. However, the memo does not contain any allegations of criminal conduct.

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What went down during the tense hearing

During the tense hearing on Friday, Khalil’s attorneys made an array of unsuccessful arguments, attempting to both delay a ruling on his eligibility for removal and terminate the proceedings altogether. The lawyers argued that broad allegations contained in Rubio’s memo gave them a right to directly cross-examine him.

Meanwhile, Khalil held prayer beads while the proceedings were going on, The Guardian reported. Judge Jamee Comans, who was overseeing the case, ruled that Rubio’s determination was “presumptive and sufficient evidence” and that she had no power to rule on concerns over free speech.

“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,” Comans said. Meanwhile, shattered supporters of Khalil sat in tears on crowded public benches while the ruling was delivered.

Khalil puts his argument forward

Following the ruling, Khalil requested permission to speak before the court. “I would like to quote what you said last time, that ‘there’s nothing more important to this court than due process rights and fundamental fairness’," he said, addressing the judge directly.

“Clearly what we witnessed today, neither of these principles were present today or in this whole process. This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family. I just hope that the urgency that you deemed fit for me is afforded to the hundreds of others who have been here without hearing for months," he added.

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The 30-year-old was one of the key players at the pro-Palestinian protests in Columbia last year. He was arrested by Immigration and Customs Enforcement (Ice) officers in New York on 8 March and transferred to a detention facility in Jena, Louisiana, where he was detained for over a month.

His case was one of the first string of arrests made by the Trump administration targeting pro-Palestinian students and scholars present in the US on visas or green cards. The Friday ruling means that Khalil’s removal proceedings will continue to move forward in Jena. However, a separate case is being heard at a federal court in New Jersey that examines the legality of his detention and questions surrounding the constitutionality of the government’s claims it can deport people for First Amendment-protected speech if they are deemed adverse to US foreign policy.

Meanwhile, Khalil’s legal team is urging the New Jersey court to grant him bail so that he can reunite with his wife, who is due to give birth to their first child this month. His lawyers slammed the decision, which they said appeared to be pre-written. “Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponisation of immigration law to suppress dissent. This is not over, and our fight continues,” said Marc van der Hout, Khalil’s immigration lawyer.

“If Mahmoud can be targeted in this way, simply for speaking out for Palestinians and exercising his constitutionally protected right to free speech, this can happen to anyone over any issue the Trump administration dislikes. We will continue working tirelessly until Mahmoud is free and rightfully returned home to his family and community,” he added. The judge gave lawyers for Khalil until 23 April to seek a waiver.

With inputs from agencies.