The Trump administration has acknowledged that Immigration and Customs Enforcement (ICE) agents arrested Columbia University activist Mahmoud Khalil in March without a warrant, a revelation now central to a legal battle that could determine whether the Syrian-born U.S. permanent resident will be deported.
Khalil, a vocal participant in pro-Palestinian protests at Columbia University, was arrested outside his New York City apartment where he lived with his pregnant, U.S. citizen wife by ICE agents who did not possess a judicial warrant. The Department of Homeland Security (DHS), which oversees ICE, confirmed the warrantless nature of the arrest in a recent court filing, claiming “exigent circumstances” necessitated the action, alleging Khalil was likely to flee.
However, Khalil’s legal team has strongly contested that assertion.
“Tellingly, no agent present at the scene has ever submitted sworn or unsworn testimony that Mr. Khalil attempted to flee or otherwise posed a flight risk,” his attorneys argued in immigration court filings. They maintain Khalil fully cooperated with federal agents at the time of his arrest.
Now detained in Louisiana, Khalil has spent weeks in ICE custody and was recently denied temporary release to witness the birth of his son. His detention has drawn significant public attention and intensified scrutiny of the administration’s crackdown on foreign-born students involved in campus protests related to the ongoing war in Gaza.
While the Trump administration has said its actions are aimed at combating anti-Semitism and pro-Hamas rhetoric on college campuses, civil rights groups and legal experts argue the government is punishing students for exercising their First Amendment rights.
Despite facing no criminal charges, Khalil is being targeted for deportation on two controversial legal grounds. The administration accuses him of immigration fraud for allegedly withholding unspecified information during his green card application. In addition, Secretary of State Marco Rubio recently determined that Khalil’s presence poses “adverse foreign policy consequences” for the U.S.—a rarely invoked justification under immigration law.
Earlier this month, an immigration judge in Louisiana allowed the government’s deportation case to proceed, deferring to Rubio’s determination while putting the fraud allegation on hold.
In a parallel legal effort, Khalil’s lawyers have filed for asylum and withholding of removal, protections that could block his deportation. They’ve also taken his case to federal court in New Jersey, challenging both the legality of his detention and the administration’s broader effort to target pro-Palestinian activists.
That lawsuit seeks Khalil’s release, a revocation of the State Department’s adverse designation, and a court order prohibiting the government from retaliating against noncitizens for political expression protected by the U.S. Constitution.
Khalil’s case has become a lightning rod in the debate over free speech, civil liberties, and immigration enforcement, highlighting the fraught intersection of politics and policy in the current administration’s approach to dissent.
As his legal battles continue on multiple fronts, Khalil remains behind bars, separated from his family, his campus, and a newborn son he has yet to meet.
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