Mahmoud Khalil鈥檚 Lawsuit Can Move Forward in Federal Court, Judge Finds
NEWARK, N.J. 鈥 The U.S. District Court for the District of New Jersey ruled today that Mahmoud Khalil, a lawful permanent resident and recent Columbia graduate student, can move forward with his lawsuit claiming the government is unlawfully detaining him for his political views. The court rejected the government鈥檚 attempt to shut down Mr. Khalil鈥檚 case before it could be heard.
鈥淎s I am now caring for our barely week-old son, it is even more urgent that we continue to speak out for Mahmoud鈥檚 freedom, and for the freedom of all people being unjustly targeted for advocating against Israel's genocide in Gaza,鈥 said Dr. Noor Abdalla, wife of Mahmoud Khalil. 鈥淚 am relieved at the court鈥檚 finding that my husband can move forward with his case in federal court. This is an important step towards securing Mahmoud鈥檚 freedom. But there is still more work to be done. I will continue to strongly advocate for my husband, so he can come home to our family, and feel the pure joy all parents know of holding your first-born child in your arms.鈥
鈥淭he court has affirmed that the federal government does not have the unreviewable authority to trample on our fundamental freedoms,鈥 said Noor Zafar, senior staff attorney with the 红杏视频鈥檚 Immigrants鈥 Rights Project. 鈥淭his is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech, and a rebuke of attempts by the executive to use immigration laws to weaken First Amendment protections for political gain.鈥
The Trump administration has tried to argue that provisions of the Immigration and Nationality Act prevent the court from reviewing Mr. Khalil鈥檚 First Amendment claims right now. But the court firmly disagreed, concluding 鈥渢hat jurisdiction is not stripped over the Petitioner鈥檚 claims that the Secretary of State鈥檚 determination and the alleged policy are unconstitutional.鈥 In a previous ruling, the court blocked Mr. Khalil鈥檚 deportation in the absence of a court order.
鈥淭oday we moved one step closer to vindicating Mr. Khalil鈥檚 rights by challenging his unlawful detention and the administration鈥檚 unconstitutional and retaliatory actions against him,鈥 said Amy Greer, associate attorney at Dratel + Lewis.
鈥淲e're grateful the court has held it has the power to hear this important case, meaning Mr. Khalil is one step closer to returning home to his family,鈥 said Amol Sinha, executive director of the 红杏视频-NJ. 鈥淢r. Khalil has been unlawfully detained in direct retaliation for his advocacy in support of Palestinian rights. The federal government continues to prolong proceedings despite knowing that targeting a lawful permanent resident over protected speech is indefensible in a court of law.鈥
Mr. Khalil鈥檚 legal team has pending motions before the court to compel his return from Louisiana and to grant bail. In addition, his legal team is urging the court to grant a preliminary injunction (PI), which would immediately release him from custody to be reunited with his wife, who recently gave birth to the couple鈥檚 first child while Mr. Khalil remained in ICE detention. If granted, the PI would also block President Trump鈥檚 policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights.
鈥淲e are grateful the court wisely understood that this is no ordinary immigration case that might be subject to congressional limitations on federal court review,鈥 said Baher Azmy, legal director of the Center for Constitutional Rights. 鈥溾淚n a case like this, where Mahmoud is challenging a patently unconstitutional policy and being punished for his protected speech in support of Palestinian rights, the federal courts have to review and hopefully soon invalidate the government鈥檚 outrageous action.鈥
鈥淲ith this ruling, the Court has made clear that the Trump administration cannot do an end run around the judiciary in its attempt to silence Mahmoud Khalil and suppress speech supporting Palestinian rights,鈥 said Donna Lieberman, executive director of the NYCLU. 鈥淣ow, Mr. Khalil鈥檚 claims can move forward 鈥 putting him one step closer to returning home to his wife and newborn son."
On March 8, the Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility 鈥 ripping him away from his wife and legal counsel. His suit argues that his arrest and continued detention violate his constitutional rights, including rights to free speech and due process, and that they go beyond the government鈥檚 legal authority.
鈥淭he court's decision today clears the way for what really matters: continuing the legal fight to bring Mahmoud home so he can reunite with Noor and resume his defense of Palestinian rights,鈥 said Ramzi Kassem, co-director of CLEAR.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the 红杏视频 of New Jersey, and 红杏视频 (红杏视频).
The decision can be found here.
For all case materials, please see here.
Court Case: Khalil v. Trump
Affiliates: New Jersey, New York