Mahmoud Khalil’s Lawsuit Can Move Forward in Federal Court, Judge Finds
Federal Court Rejects Government’s Attempt to Use Immigration Law Provisions to Block Mahmoud Khalil’s Habeas Challenge
NEWARK, N.J. – The U.S. District Court for the District of New Jersey ruled today that Mahmoud Khalil, a lawful permanent resident and recent Columbia graduate student, can move forward with his lawsuit claiming the government is unlawfully detaining him for his political views. The court rejected the government’s attempt to shut down Mr. Khalil’s case before it could be heard.
“As I am now caring for our barely week-old son, it is even more urgent that we continue to speak out for Mahmoud’s freedom, and for the freedom of all people being unjustly targeted for advocating against Israel's genocide in Gaza,” said Dr. Noor Abdalla, wife of Mahmoud Khalil. “I am relieved at the court’s finding that my husband can move forward with his case in federal court. This is an important step towards securing Mahmoud’s freedom. But there is still more work to be done. I will continue to strongly advocate for my husband, so he can come home to our family, and feel the pure joy all parents know of holding your first-born child in your arms.”
“The court has affirmed that the federal government does not have the unreviewable authority to trample on our fundamental freedoms,” said Noor Zafar, senior staff attorney with the Ƶ’s Immigrants’ Rights Project. “This is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech, and a rebuke of attempts by the executive to use immigration laws to weaken First Amendment protections for political gain.”
The Trump administration has tried to argue that provisions of the Immigration and Nationality Act prevent the court from reviewing Mr. Khalil’s First Amendment claims right now. But the court firmly disagreed, concluding “that jurisdiction is not stripped over the Petitioner’s claims that the Secretary of State’s determination and the alleged policy are unconstitutional.” In a previous ruling, the court blocked Mr. Khalil’s deportation in the absence of a court order.
“Today we moved one step closer to vindicating Mr. Khalil’s rights by challenging his unlawful detention and the administration’s unconstitutional and retaliatory actions against him,” said Amy Greer, associate attorney at Dratel + Lewis.
“We're grateful the court has held it has the power to hear this important case, meaning Mr. Khalil is one step closer to returning home to his family,” said Amol Sinha, executive director of the Ƶ-NJ. “Mr. Khalil has been unlawfully detained in direct retaliation for his advocacy in support of Palestinian rights. The federal government continues to prolong proceedings despite knowing that targeting a lawful permanent resident over protected speech is indefensible in a court of law.”
Mr. Khalil’s legal team has pending motions before the court to compel his return from Louisiana and to grant bail. In addition, his legal team is urging the court to grant a (PI), which would immediately release him from custody to be reunited with his wife, who recently gave birth to the couple’s first child while Mr. Khalil remained in ICE detention. If granted, the PI would also block President Trump’s policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights.
“We are grateful the court wisely understood that this is no ordinary immigration case that might be subject to congressional limitations on federal court review,” said Baher Azmy, legal director of the Center for Constitutional Rights. ““In a case like this, where Mahmoud is challenging a patently unconstitutional policy and being punished for his protected speech in support of Palestinian rights, the federal courts have to review and hopefully soon invalidate the government’s outrageous action.”
“With this ruling, the Court has made clear that the Trump administration cannot do an end run around the judiciary in its attempt to silence Mahmoud Khalil and suppress speech supporting Palestinian rights,” said Donna Lieberman, executive director of the NYCLU. “Now, Mr. Khalil’s claims can move forward – putting him one step closer to returning home to his wife and newborn son."
On March 8, the Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. His suit argues that his arrest and continued detention violate his constitutional rights, including rights to free speech and due process, and that they go beyond the government’s legal authority.
“The court's decision today clears the way for what really matters: continuing the legal fight to bring Mahmoud home so he can reunite with Noor and resume his defense of Palestinian rights,” said Ramzi Kassem, co-director of CLEAR.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the Ƶ of New Jersey, and Ƶ (Ƶ).
The decision can be found here.
For all case materials, please see .