“This is a blatant violation of the First Amendment and a dangerous precedent for anyone who believes in free speech and political expression,” an attorney for Mahmoud said.
A federal judge has ruled that student activist and green card-holder Mahmoud Khalil can sue the U.S. government for attempting to deport him over his involvement in a wave of pro-Palestine protests.
According to FOX News, the decision was issued by the U.S. District Court for the District of New Jersey shortly after a Louisiana-based court found that the Trump administration has the legal authority to order and effect Khalil’s deportation.
Khalil is currently involved in two separate court cases: a Louisiana claim focused on his deportation order, and a New Jersey lawsuit challenging the legality of his detention.
The U.S. Department of Justice has argued that portions of the federal Immigration and Nationality Act mean that district courts cannot, at this stage in Khalil’s proceedings, consider constitutional claims.
However, in a Tuesday ruling. U.S. District Judge Claire C. Cecchi disagreed, saying that Khalil’s lawsuit must proceed. In her written decision, Cecchi said “that jurisdiction is not stripped over the Petitioner’s claims that the Secretary of State’s determination and the alleged policy are unconstitutional.”
The American Civil Liberties Union notes that, if Khalil’s Louisiana lawsuit were to succeed in securing a preliminary injunction against his detention, it would both ensure Khalil’s release and, potentially, prevent the Trump administration from arresting and detaining noncitizens who engaged in protected speech in support of Palestine and Palestinian rights.
The federal government maintains that, as a central figure in last year’s pro-Palestine protests, Khalil “led activities aligned to Hamas, a designated terrorist organization.”
The U.S. Department of Homeland Security further alleges that it has determined that Khalil is eligible for deportation based on false statements made in his application for permanent residency—not because he chose to exercise his First Amendment rights in protest.
However, some Trump administration officials made remarks suggesting that Khalil’s speech is the main reason he is being detained. Kristi Noem, the current secretary of the Department of Homeland Security, said that Khalil “hates America.”
“It is a privilege to be granted a visa or green card to live and study in the United States, of America,” Noem said. “When you advocate for violence, glorify or support terrorists that relish the killing of Americans and harass Jews, that privilege should be revoked, and you should not be in this country.”
“Good riddance,” she said.
Sabrine Mohamah, an attorney for Khalil, called an immigration court’s decision to approve Khalil’s deportation as “unjust is it is alarming.”
“This is a blatant violation of the First Amendment and a dangerous precedent for anyone who believes in free speech and political expression,” Mohamah said.
“Mahmoud is currently imprisoned in Louisiana, a state that detains over 7,000 people daily and serves as the second-largest hub for immigration detention in the U.S.,” she said. “Louisiana’s nine detention centers, eight of which are privately operated, include the only ICE facility in the country directly connected to an airport, thus streamlining mass deportation across the state.”
Sources
Mahmoud Khalil’s Lawsuit Can Move Forward in Federal Court, Judge Finds
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