Tuesday, 02 January 2024 12:17 GMT

US Judge Orders Palestinian Activist Mahmoud Khalil Deported To Syria Or Algeria


(MENAFN- Live Mint) A Louisiana immigration judge has ordered the deportation of pro-Palestinian activist Mahmoud Khalil to either Syria or Algeria, setting the stage for a high-stakes legal battle over free speech and immigration law. Khalil, a legal permanent US resident and former Columbia University graduate student, claims the move is a politically motivated attempt to punish him for his outspoken advocacy for Palestinian rights. His lawyers have vowed to appeal, warning that without swift federal intervention, Khalil could be removed from the country within weeks.

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An immigration judge in Louisiana has ordered the deportation of Mahmoud Khalil, a pro-Palestinian activist and legal permanent resident of the United States, to either Syria or Algeria. Khalil, a former Columbia University graduate student, has been a vocal organiser of campus protests advocating for Palestinian rights.

His lawyers argue that this deportation order is politically motivated and amounts to unlawful retaliation for Khalil's activism. The case has attracted attention as part of the Trump administration's broader crackdown on foreign-born pro-Palestinian academics living and working legally in the U.S.

Khalil, who originally comes from Syria, was arrested on 8 March at his Manhattan residence. At the time of his arrest, he was neither charged with a crime nor accused of posing a flight risk or danger to the community.

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Immigration Judge Jamee Comans issued the deportation ruling on 12 September, citing Khalil's alleged failure to disclose certain details about his previous employment and organisational affiliations on his green card application.

This order comes despite a separate ruling by U.S. District Judge Michael Farbiarz in New Jersey, who had previously blocked Khalil's deportation while a federal court considers the legality of his detention. Farbiarz, appointed under the Biden administration, had also ordered Khalil's release in June after concluding that he posed no threat and should not remain in detention.

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Khalil's legal team now has 30 days from the date of Judge Comans' decision to file an appeal with the Board of Immigration Appeals (BIA). However, they have expressed deep concern over what they describe as a“swift and unfavourable” process.

In a letter to Judge Farbiarz, Khalil's lawyers warned that if the BIA upholds the deportation order, the case would move to the 5th Circuit Court of Appeals, which they claim“almost never” grants stays of removal to non-citizens.

“As a result,” the filing reads,“the only meaningful impediment to Petitioner's physical removal from the United States would be this Court's important order prohibiting removal during the pendency of his federal habeas case.”

The lawyers further argued that without federal intervention, Khalil risks losing his lawful permanent resident status permanently.

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In a strongly worded statement, Khalil accused the Trump administration of using“fascist tactics” to silence him and other activists.

“It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech,” Khalil said.“Their latest attempt, through a kangaroo immigration court, exposes their true colors once again.”

What happened during Khalil's detention earlier this year?

For over three months, Khalil was held in detention in Louisiana under a rarely invoked provision of U.S. immigration law. This provision grants the Secretary of State sweeping authority to deport even legal permanent residents if their continued presence is deemed harmful to U.S. foreign policy interests.

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In June, Judge Farbiarz blocked the Trump administration's attempt to deport Khalil on these grounds, ruling that the move lacked sufficient justification. Soon after, Farbiarz ordered Khalil's release, allowing him to return home to New York and reunite with his wife, a U.S. citizen, and their newborn son, who was born during Khalil's detention.

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