|
Although Mahmoud Khalil has not been accused of any vandalism or physical violence related to his protest activity at Columbia University, he was arrested and transported to an out-of-state detention center in Louisiana where he remains in ICE custody, far from his attorneys and family.
In response to a Petition for Writ of Habeas Corpus, asking for Khalil’s release, the federal court granted a preliminary injunction prohibiting the government from detaining or deporting Khalil based on Secretary of State Marco Rubio’s determination that Khalil’s nonviolent protest activity would compromise a U.S. foreign policy interest—a determination which the court found likely violates due process rights when coupled with First Amendment protections. The judge warned that if such a law can be used against Khalil, “then other, similar statutes can also one day be made to apply. Not just in the removal context, as to foreign nationals. But also in the criminal context, as to everyone.” The court further invoked a chilling analogy: “Imagine…how quickly our constitutional [alarms] would rise if a local police chief were granted the power to arrest any person whose mere presence would cause potentially serious adverse consequences for the public peace.”
The court gave the Trump administration 40 hours to appeal or release Khalil from this charge. However, government lawyers did neither. Instead, the Trump administration pivoted, justifying Khalil’s ongoing detention on a second charge for allegedly failing to disclose that he was a member of certain humanitarian organizations—such as the U.N. Relief and Works Agency for Palestinian Refugees—on his 2024 application for lawful permanent residence.
Ronnie London, Conor Fitzpatrick, Will Creeley, and others at FIRE (the Foundation for Individual Rights and Expression) advanced the arguments in the Khalil v. Trump amicus brief.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Case History
March 20, 2025 • Deporting Non-Citizen Protesters Sets a Dangerous Precedent of Punishment and Retaliation for All Americans
Litigation: New Jersey District Court
This press release is also available at www.rutherford.org.
|
