Over the past few months, you may have heard the name Mahmoud Khalil — especially after Secretary of State Marco Rubio made him the poster child of his campaign against Palestine supporters.
Khalil's arrest by immigration authorities (despite his being a lawful permanent resident) sparked legal battles over First Amendment rights and due process. Legal challenges questioned whether the immigration law used to justify his detention was constitutional, citing issues of vagueness and the potential to suppress free speech.
After months of detention in Louisiana, Khalil was released on bail on June 21. But despite a recent win in federal court, his legal battles are not over yet.
The Face of Columbia's Student Protests
Born in a Palestinian refugee enclave in Syria, Khalil's family was again forced to flee to Lebanon during the Syrian civil war. In 2022, the "double refugee" was accepted to Columbia University's prestigious School of International and Public Affairs.
He arrived in New York on a student visa but soon married a U.S. citizen, Noor Abdalla. He adjusted his immigration status and became a lawful permanent resident (i.e., received a green card) in 2024.
At Columbia, Khali quickly became involved in campus life and activism. He became a prominent figure in the pro-Palestinian movement, serving as a lead negotiator and spokesperson for the Columbia University Apartheid Divest coalition during the Gaza war.
Known for his calm demeanor, strategic thinking, and willingness to speak publicly without a mask (unlike many international students who feared retaliation), Khalil was widely respected by peers and faculty. He emphasized the interconnectedness of Palestinian and Jewish liberation, condemned antisemitism, and advocated for social justice and equality for all.
Khalil's activism, however, made him a target. Following a series of high-profile protests and encampments at Columbia, he was subjected to an intense online campaign by pro-Israel activists and right-wing groups. They accused him of supporting terrorism (without evidence) and called for his deportation.
The timing couldn't have been worse for Khalil. Donald Trump had just returned to the presidency, and his administration had Palestine supporters in its crosshairs. This included a crackdown on international students involved in pro-Palestinian activism. Authorities threatened to revoke visas and deport those deemed to threaten U.S. foreign policy interests.
Khalil reported being doxed and receiving threats, and he repeatedly contacted Columbia administrators for protection and support for international students facing harassment.
Khalil's fears came to a head in March.
Immigration Nightmare Becomes Reality
On March 8, 2025, Khalil and his pregnant wife were returning to their campus apartment when plainclothes agents from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) confronted them in the lobby.
The agents told Khalil and his attorney that the Department of State had revoked his student visa. However, they did not provide any documentation or legal basis for the revocation. Furthermore, since Khalil had become a lawful permanent resident, he did not have a student visa. The agents also claimed that his green card had been revoked. Again, they did not provide any basis or documentation.
Khalil and his wife provided documentation that he was a lawful permanent resident. But the agents insisted on taking him into custody. Khalil was handcuffed and taken away, with his wife left in the dark about his whereabouts. He was held briefly in New York, then transferred to New Jersey. Within hours, he was moved to the LaSalle Detention Center in Jena, Louisiana—far from his home and legal counsel.
Khalil's arrest and detention sparked widespread outrage among civil rights groups, legal advocates, and members of Congress, who saw his case as a test of free speech and due process rights.
No criminal charges were brought against Khalil. Instead, the government sought his deportation under a rarely used provision of the Immigration and Nationality Act, which allows removal if the Secretary of State asserts that an individual's presence poses "potentially serious adverse foreign policy consequences."
Khalil's lawyers argued that he was being targeted solely for his protected political speech and activism, in violation of the First Amendment.
Legal Dream Team Fights Back
The legal proceedings that followed were complex and high-profile. Luckily, Khalil had a super group of advocates on his side. His legal team included attorneys from the American Civil Liberties Union (ACLU), the Center for Constitutional Rights, and the CLEAR Project at CUNY.
Within hours of Khalil's detention, they filed a habeas corpus petition in federal district court, seeking his immediate release and a halt to his deportation. Judge Michael E. Farbiarz of the District of New Jersey issued a stay on Khalil's deportation, allowing the constitutional challenges to proceed.
Meanwhile, in a Louisiana immigration court, Judge Jamee E. Comans ruled that Khalil was deportable under the Secretary of State's determination. Judge Comans believed she had no authority to question the executive's foreign policy judgment.
Khalil's attorneys challenged the legality of his warrantless arrest and filed for asylum, arguing that he would face persecution if deported. They submitted extensive evidence of Khalil's character and the risks he faced. However, Judge Comans denied the motion to terminate the proceedings and set deadlines for further filings.
Back in federal court, we saw a small victory for Khalil last Friday.
Judge Delivers Small Victory For Khalil
Judge Farbiarz ruled that the specific section of the INA used to justify detaining Khalil and seeking his deportation was likely unconstitutional, finding it was overly vague and could be used to punish protected political speech.
Under the "vagueness doctrine," laws must be clear enough that people can understand what is prohibited.
Judge Farbiarz concluded that the INA section at issue failed this test because it gave the government excessive discretion without clear standards. Secondly, the judge thought the Trump administration's actions jeopardized Khalil's First Amendment rights.
The First Amendment protects both citizens and noncitizens from government retaliation based on speech. Using immigration law to target protected political speech is constitutionally suspect, so it was not a good look for the Trump administration to use its broad, discretionary immigration powers to target Khalil's dissent.
Judge Farbiarz's ruling did not immediately end Khalil's removal proceedings, but it was a major development in his legal fight.
The judge also ordered Khalil's release from detention. The government initially resisted, alleging Khalil had not been truthful on his green card application.
But ultimately, after months in detention—during which he missed the birth of his son and his own graduation—Khalil was released on bail on June 21. The Trump administration immediately appealed the decision, maintaining its efforts to deport Khalil on other grounds.
Khalil's battle with the U.S. government is not yet over. But he has continued to emphasize that he is more fortunate than others who are still enduring detention, whose stories will never be told.
Related Resources:
- Court Curbs Trump's Power to Deport Venezuelans as 'Alien Enemies' (FindLaw's Federal Courts)
- Will Columbia University’s Mahmoud Khalil Be Deported? (FindLaw's Courtside)
- Deportation and Removal Laws (FindLaw's Learn About The Law)
