When attorneys for Mahmoud Khalil enter the Thurgood Marshall United States Courthouse in New York on Wednesday, they will have one mission in mind: to get their client, a Palestinian activist, released from an ICE facility in Louisiana and back to New York to be closer to legal counsel and family.
Khalil was arrested and detained on Saturday by federal agents over his role in protests against the Israel-Hamas war at Columbia University last spring. His green card was revoked by the Trump administration, his lawyer said, but a federal judge in New York blocked any immediate effort to deport Khalil until his attorneys and the federal government appear in court.
The case, seemingly the first of its kind, sets the stage for what could come as the Trump administration ramps up its targeting of foreign students and pro-Palestinian demonstrations on college campuses.
President Donald Trump touted Khalil’s arrest and vowed to find and deport others like him.
“If you support terrorism, including the slaughtering of innocent men, women, and children, your presence is contrary to our national and foreign policy interests, and you are not welcome here,” Trump said on Truth Social on Monday.
The White House has not provided evidence to support accusations against Khalil, and it is not clear if he has been charged with any crime.
Khalil’s lawyers argued in court documents that his removal from New York City to a detention facility in Louisiana in retaliation for his “protected speech and advocacy” is unconstitutional.
His attorneys filed a habeas corpus petition “challenging the validity of his arrest and detention,” one of his lawyers said Sunday.
Trump administration lawyers will not agree to bring Khalil back to New York without a court order.
Attorneys for both parties filed a joint letter in federal court Tuesday, telling a judge they were unable to reach an agreement to return Khalil to New York, setting up Wednesday’s showdown in court.
Trump administration lawyers told the court they will submit a motion to transfer or dismiss Khalil’s habeas corpus petition, arguing that the Southern District of New York is “an improper venue” and has no jurisdiction over Khalil’s case.
They are not expected to file their motion until midnight on Wednesday, and Khalil’s attorneys will have until midnight on Friday to respond. It is not clear whether the judge will address any issues beyond the scheduling during Wednesday’s hearing.
A spokesperson for the Southern District of New York did not immediately return a request for comment.
The Trump administration based the arrest on a provision of immigration law that gives it broad authority on who can be subject to deportation, according to a senior Homeland Security official.
“If they plan on pursuing terrorism grounds of removal for Khalil, we will likely hear about
