A U.S. federal judge rejected the Trump administration's motion to dismiss activist Mahmoud Khalil's challenge to his arrest by U.S. Immigration and Customs Enforcement (ICE) agents, and decided to transfer jurisdiction of the case to New Jersey.
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03-20, 2025Khalil, a Palestinian who completed his studies at Columbia University in December, will remain in the United States for the time being. District Judge Jesse Furman explained in an order issued Wednesday morning that because Khalil was detained in New Jersey when his lawyers filed the petition, the New York court he presides over "lacks jurisdiction over most, if not all, of Khalil's claims."
A New Jersey court will now decide whether Khalil's arrest for his pro-Palestinian activism was unconstitutional. The judge also reaffirmed a previous ruling blocking Khalil's deportation without a court order, which should remain in effect "unless and until the transfer court orders otherwise."
Khalil, a green card holder and permanent resident of the United States who participated in pro-Palestinian protests at Columbia University last spring, was arrested in New York City on March 8. He was first transferred to New Jersey, then to Louisiana, where he is currently being detained. Khalil's legal team argued that allowing the case to proceed in Louisiana would reward the Trump administration for illegally attempting to manipulate jurisdiction by transferring Khalil across state lines in the middle of the night.
Within hours of his arrest, Khalil's lawyers filed a petition for a writ of habeas corpus, claiming that ICE's arrest and detention of Khalil based on his speech and advocacy for Palestinian rights violated the Due Process Clause and the First Amendment of the U.S. Constitution. Khalil has not been charged with a crime, and his legal team argues that the Trump administration is illegally retaliating against him for his activism and constitutionally protected speech.
Khalil's lawyers also argued for his return to New York and requested that he be allowed bail so that he could be reunited with his wife, a U.S. citizen who is due to give birth next month. Regarding the judge's ruling, Khalil's wife, Dr. Nour Abdallah, said: "This is a first step, but we need to continue to fight for justice for Mahmoud. His illegal and unjust detention cannot stand. We will fight until he is back with me."
Khalil dictated a lengthy letter by phone titled "Letter from a Palestinian Political Prisoner in Louisiana," recounting the injustices he has witnessed at the Louisiana detention center, as well as the nightly killings of people in Gaza after ceasefire agreements were broken. He recounted his personal and family history, as well as what he called Columbia University's complicity in his arrest, and the university's succumbing to pressure from the federal government, which affected 22 Columbia University students who were expelled, suspended, or had their degrees temporarily revoked.
"I have always believed that my duty is not only to liberate myself from my oppressors, but also to liberate my oppressors from their hatred and fear. My unjust detention demonstrates the anti-Palestinian racism that the Biden and Trump administrations have exhibited over the past 16 months," Khalil wrote. He also added that while he awaits the legal rulings that will determine the future of him and his wife and child, those "who facilitated my targeting remain comfortably ensconced at Columbia University. President Shafik, Provost Armstrong, and Dean Yarhi-Milo laid the groundwork for the U.S. government to target me by casually disciplining pro-Palestine students and allowing a viral doxxing campaign based on racism and misinformation to run rampant."
"In the coming weeks, students, advocates, and elected officials must unite to defend the right to protest for Palestine. At stake are not only our voices, but the fundamental civil liberties of all. Fully aware that this moment transcends my personal circumstances, I nevertheless hope to be free to witness the birth of my first child."
Khalil's legal team is seeking his release on bail and urging the court to issue a preliminary injunction immediately releasing him and preventing the Trump administration from invoking the foreign policy ban, an obscure and rarely used provision of the 1952 Immigration and Nationality Act. The foreign policy ban authorizes the government to exclude or deport non-citizens designated by the Secretary of State as a foreign policy problem. The government is invoking the clause to revoke the visas and green cards of non-citizens who support Palestinian rights.
The documents state that the government is abusing the INA's foreign policy provision to retaliate against constitutionally protected expression of views the government opposes. Samaa السيساي, a staff attorney at the Center for Constitutional Rights and a member of Khalil's legal team, said: "Mr. Khalil should be free and at home with his wife awaiting the birth of their first child, and we will continue to do everything possible to make that happen."
