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Business Honor
14 April, 2025
Mahmoud Khalil’s deportation case raises constitutional questions and foreign policy concerns in immigration law.
Mahmoud Khalil, a Columbia University graduate and lawful permanent resident (green card holder) may be deported from the United States, according to a Louisiana immigration judge's decision. Judge Jamee E. Comans' ruling followed the federal government's contention that Khalil's presence in the US would have detrimental effects on foreign policy.
The case has garnered international attention because it questions the boundaries of the American Constitution's protection of free speech as well as the government's unchecked authority over immigration matters.
Khalil has been held in a Louisiana facility, apart from his pregnant wife, US citizen Noor Abdalla, since he was arrested in March outside his university residence in New York. His work as a representative for student protesters during Columbia University's anti-Gaza war encampment last spring brought attention to his cause.
The legal framework that gives the secretary of state substantial jurisdiction in immigration issues involving foreign policy is what determines Judge Comans' conclusion. According to her, Congress essentially limited the court's power to address constitutional issues by not allowing immigration judges to overturn such rulings.
Judge Michael Farbiarz of the Federal District Court is debating whether he has jurisdiction over claims, such as a habeas corpus application and demands for Khalil to be sent to New York or released on bail. To ensure Khalil's release while his immigration case is pending, his lawyers are requesting a preliminary injunction.
Secondary accusations have also been made by the government, which claims Khalil made mistakes in his application for permanent residence. His apparent refusal to reveal links with organizations, such as a United Nations agency that aids Palestinian refugees, is at the heart of these allegations. According to Khalil's legal team, these actions are taken solely to support the deportation argument.