Lawyers for Mahmoud Khalil seek immediate release on free speech grounds
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Hundreds turn out outside of a New York court on Wednesday to protest the arrest and detention of Mahmoud Khalil, a green card holder and recent Columbia graduate who played a role in pro-Palestinian protests at the university. Photo: Spencer Platt/Getty Images
Lawyers for Mahmoud Khalil, a Columbia graduate and legal resident from Syria, are asking a federal judge to order U.S. immigration authorities to immediately release him and find his detention in violation of the First Amendment.
The big picture: Court documents filed late Thursday show that Khalil's lawyers intend to aggressively challenge the Trump administration's use of a rarely used law that gives the secretary of state the authority to revoke visas from foreigners deemed to be a threat.
Zoom in: Khalil's expanding legal team, which now includes the American Civil Liberties Union (ACLU), is asking U.S. District Judge Jesse Furman to set aside the determination by U.S. Secretary of State Marco Rubio that resulted in Khalil's arrest.
- Lawyers want Furman to declare efforts to target noncitizens "advocating for Palestinian rights" unlawful — something President Trump hinted could be more common soon.
Catch up quick: Immigration and Customs Enforcement (ICE) agents arrested Khalil on Saturday after he returned from dinner with his wife.
- The Department of Homeland Security has been investigating him and gathered evidence that he was actively supporting Hamas, but not materially supporting the terror group, a White House official said.
- Rubio was presented with evidence from the DHS review and determined that Khalil acted against U.S. foreign policy positions, the official said.
Context: U.S. law allows the secretary of state to deport a green card holder if that person is deemed to have "potentially serious adverse foreign policy consequences for the United States" — but it's been rarely used outside of the Cold War or serious crimes, experts told Axios.
- Rubio posted on X last week that the U.S. has "zero tolerance for foreign visitors who support terrorists."
- He added that "violators of U.S. law — including international students — face visa denial or revocation, and deportation."
Reality check: Khalil, a legal resident with a green card, has not been charged or accused of any crimes.
Zoom out: That case has drawn international attention and generated protests nationwide.
- Nearly 100 people were arrested after protesters gathered at Trump Tower in Manhattan Thursday to demand the release of Khalil.
What they're saying: "This is a clear attempt by President Trump to make an example out of Mr. Khalil and silence dissent across the country," Brett Max Kaufman, senior staff attorney with ACLU's Center for Democracy, said in a statement.
- "No matter what your views are on Israel and Palestine, we should all be terrified of a government incarcerating its residents for their political opinions."
- "With today's filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government," said Donna Lieberman, executive director of the New York Civil Liberties Union, another group that joined the legal team.
For the record: Furman on Wednesday halted ICE from deporting Khalil, who is in a detention facility in Louisiana.
- Representatives for the White House, State Department and ICE did not immediately respond to Axios' request for comment in the evening.
What we're watching: Lawyers for the Trump administration are expected to submit their response to Khalil's attorneys on Friday.
- They are likely to invoke the broad authority the secretary of state has to deem foreigners a threat to the nation's foreign policy.
- The legal challenge to Khalil might ultimately come down to the Supreme Court, which would decide how far the secretary of state can determine whether a permanent resident can be removed for speech.
