A U.S. judge has ruled that Columbia University student Mahmoud Khalil must remain in the United States for now, rejecting the Trump administration’s bid to dismiss his case. However, Judge Jesse Furman agreed with the Justice Department that the case should be transferred to New Jersey, where Khalil was held at the time his lawyers first challenged his arrest.
Khalil, a 30-year-old Palestinian student, was arrested by U.S. Immigration and Customs Enforcement (ICE) agents on March 8 outside his university residence in Manhattan. His lawyers argue that the arrest was unconstitutional and retaliatory, targeting him for his role in pro-Palestinian protests.
The case has become a flashpoint in President Donald Trump’s broader pledge to deport non-U.S. citizens involved in pro-Palestinian protests. These protests swept across American college campuses, including Columbia, following the October 2023 Hamas attack on Israel and Israel’s subsequent military campaign in Gaza.
Khalil’s lawyers claim his arrest violates his First Amendment rights to free speech, as he was targeted for advocating for Palestinian rights. In a letter from detention, Khalil described himself as a “political prisoner.”
Legal Battle Over Jurisdiction and Bail
Judge Furman ruled that Khalil’s habeas corpus petition raised serious allegations that warrant review. However, he determined that the case should be heard in New Jersey, where Khalil was detained when the petition was filed.
The judge rejected the government’s request to move the case to Louisiana, where Khalil is currently being held. If the case had been moved to Louisiana, any appeals would have been heard by the conservative-leaning 5th U.S. Circuit Court of Appeals. Instead, appeals in New Jersey will go to the 3rd U.S. Circuit Court of Appeals, which is evenly split between judges appointed by Democratic and Republican presidents.
Khalil’s Personal Circumstances and Legal Arguments
Khalil’s lawyers have emphasized his personal circumstances, noting that his wife, Noor Abdallah, is eight months pregnant with their first child and cannot visit him in Louisiana. They argue that the government moved Khalil to Louisiana to avoid having the case heard in New York or New Jersey.
Khalil, who entered the U.S. on a student visa in 2022 and secured a green card last year, is due to graduate with a master’s degree in public administration in May. His lawyers maintain that he has no ties to Hamas and acted as a “mediator and negotiator” during the protests.
The Legal Basis for Khalil’s Deportation
The Trump administration has cited a provision of the 1952 Immigration and Nationality Act, which allows the deportation of lawful permanent residents if the secretary of state has “reasonable grounds to believe” their presence could harm U.S. foreign policy. Secretary of State Marco Rubio stated on March 16 that participation in “pro-Hamas events” runs counter to U.S. foreign policy.
Khalil’s lawyers argue that this provision is being misapplied, as their client has no connection to Hamas and was exercising his constitutional rights.
