The recent arrest of a Palestinian activist in the United States has led to concerns over the potential deportation of foreign students and green card holders in connection to protest activities.
Mahmoud Khalil, who organized protests against the war in Gaza on campus, was detained by Immigration and Customs Enforcement (ICE) officers on Saturday. Both Homeland Security officials and former President Donald Trump have suggested that Khalil’s arrest is directly linked to his involvement in the protests earlier this year at Columbia University, New York City.
Khalil is currently held at an immigration detention center in Jena, Louisiana, awaiting court proceedings to determine whether he will face deportation. This arrest has drawn public criticism, with many perceiving it as a targeted move against his activism, while federal authorities have painted a picture of him as a terrorist sympathizer.
Understanding the situation requires an insight into the legal protections for foreign students and green card holders in the United States, alongside potential future developments for Khalil:
**Deportation of Green Card Holders**
A green card grants individuals the status of lawful permanent residents in the United States. Jaclyn Kelley-Widmer, a law professor at Cornell Law School, notes that such residents generally enjoy significant legal protections, though not to the extent of U.S. citizens. Nevertheless, specific offenses, such as certain crimes, address changes not reported to immigration authorities, or fraudulent marriages, can lead to deportation.
The Department of Homeland Security justifies Khalil’s detention citing executive orders against antisemitism, initiated by Trump. According to Trump, Khalil’s active protests supporting groups like the Hamas-led Palestinian authorities, which the U.S. has classified as a terrorist organization, invalidates individuals’ rights to remain in the country.
Despite accusations of antisemitism, Columbia University protesters, including Jewish students and groups, insist their actions align with a broader anti-war cause. They have occasionally expressed support for Hamas and Hezbollah, another U.S.-recognized terrorist organization. While Khalil hasn’t faced charges indicative of terrorist-like activities, experts acknowledge the broad powers U.S. authorities hold in detaining or deporting green card holders on suspicions of terrorism.
Under the Immigration and Nationality Act, it is not necessary for green card holders to be convicted of a crime to be considered for deportation; the belief by the Secretary of Homeland Security or the Attorney General that someone might engage in terrorism is deemed sufficient. Kelley-Widmer, however, questions the classification of protest activities as acts of terrorism.
**ICE’s Justification for Arrest**
A central question around Khalil’s case revolves around the basis provided by ICE for his arrest. The involving agents first claimed to revoke Khalil’s student visa but, after realizing he held a green card, intended to annul his permanent resident status. This discrepancy, according to Kelley-Widmer, casts doubt on either the agents’ understanding of immigration law or reflects a blatant disregard for legal standards.
**Upcoming Legal Proceedings**
Secretary of State Marco Rubio announced intentions to rescind visas or green cards from individuals supporting Hamas. While the State Department has authority over student visa cancellations under certain condition violations, dealing with a permanent resident like Khalil requires a more elaborate immigration court procedure.
A next step involves Khalil receiving an explanation of his charges and grounds for possible removal, followed by an appearance in immigration court. This documentation should arrive within 72 hours post-arrest, preceding a court session, which might take days to a month to initiate due to prevalent delays in the national immigration court system.
Khalil’s legal representatives have filed a lawsuit opposing his detention, resulting in a New York City federal judge temporarily preventing his deportation pending a court assessment of his circumstances. A hearing has been scheduled for Wednesday.
