Framing the Mahmoud Khalil case as it comes back to NJ

Blurred 2023 U.S. Green Card. Graphic credit: Renee Johnston, Public Square Amplified

Newark, NJ - On Saturday, March 8, Mahmoud Khalil, a Columbia University graduate student and a permanent resident of the United States of America, was arrested by Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) agents. 

Khalil is a Palestinian, and green card holder from Syria. He was engaged in a discipline battle with Columbia University due to his participation as a negotiator during the spring 2024 student encampments. His wife, who is 8 months pregnant, was with him at the time of his arrest from their campus-owned building lobby.

Khalil's attorneys almost immediately filed for habeas corpus in response to his arrest, as is his right as a permanent resident.

The filing states the federal government is “engaging in blatant efforts to target and chill Khalil’s (redacted) speech and to discriminate against particular viewpoints in contravention to the First Amendment and Khalil’s (redacted) Due Process Rights.” The defense of Khalil will likely rely upon the protection of basic rights afforded to him, which include the right to free speech and political protest.

Partial screen shot from the official government website of the U.S. Citizen and Immigration Services  Office. https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident

The rights of Green Card holders are clearly outlined in writing, by the U.S. government. According to the U.S. Citizenship and Immigration Services government website, permanent residents have the right to be “protected by all laws of the United States, your state of residence and local jurisdiction.” Further there is decades of precedent confirming the legal rights to free speech and political protest held by permanent residents.

Despite these rights, the U.S. government has moved forward with their case utilizing a vague statute regarding “deportable” offenses. U.S. Title 8 codes identify the litany of acts that could lead to the deportation of permanent residents. 

According to USC 1227: 4(C)i, “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.”

This statute is relevant because, within the documented rights for permanent residents, a caveat specifies that these rights are held “provided you do not commit any actions that would make you removable under immigration law.” Federal attorneys may consider using the intersection of the Title 8 statute and this caveat to not only deport Khalil but also revoke his status as a permanent resident.

Some legal experts suggest that in this case, the U.S. government might point to the January 29 Executive Order (EO), which states, “My Administration has fought and will continue to fight anti-Semitism in the United States and around the world.” This EO is an expansion of an order signed in 2019, which uniquely focused on organizing efforts taking place on college and university campuses. 

Prosecutors could also reference measure H.R. 6090 Antisemitism Awareness Act of 2023, which passed the House in May 2024. The measure redefined antisemitism based on the working definition of the International Holocaust Remembrance Alliance (IHRA), which now includes criticism of Israel. 

In allowing the case to move forward, the New York federal judge, Hon. Jesse Furman, agreed to move the jurisdiction for Khalil’s case back to New Jersey, citing Khalil’s initial detention at an ICE facility in Elizabeth, NJ, as the reason. It is unknown if a decision on Khalil’s release will be made before his next appearance, set for April 8, to allow the defense attorneys the requested preparation time.

However, the judge reiterated his previous order preventing Khalil’s deportation, stating that he “shall not be removed from the United States unless and until the Court orders otherwise.” He also extended that order by adding that it would remain in effect “unless and until the transferee court orders otherwise.” 

For many, the current focus on visa holders and permanent residents is intentionally intimidating and concerning. In response, multiple filings are in progress to preempt the current administration's actions, including a new Amicus Brief filing by several civil liberties groups on Khalil’s behalf.

For now, the rights and freedoms of permanent residents remain intact.