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, 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… 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.” Although the Trump administration then based Khalil’s ongoing detention on a second charge for allegedly failing to disclose his association with certain humanitarian organizations on his application for lawful permanent residence, Khalil has denied failing to disclose any such required information. As the judge noted, legal permanent residents are virtually never detained for such reasons.
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.
This press release is also available at www.rutherford.org.
Case History
March 20, 2025 • Deporting Non-Citizen Protesters Sets a Dangerous Precedent of Punishment and Retaliation for All Americans
June 17, 2025 • Trump Administration Accused of Using Deportation Powers to Punish Protesters, Chill Political Speech
CASE FILES: Mahmoud Khalil v. Donald Trump
New Jersey District Court
Source: https://tinyurl.com/ywkwvhpv
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