A federal judge has overturned a state judge’s ruling that the deportation of a prominent organizer of the Columbia University protests is unlawful.
A U.S. judge has ordered that pro-Palestinian activist and Columbia University graduate Mahmoud Khalil be deported after finding that he omitted information from his green card application, court documents revealed on Sept. 17.
Khalil’s lawyers said they intend to appeal the deportation order and argue that a federal district court’s orders effectively prohibit the government from immediately deporting or detaining him as the federal case proceeds.
Immigration Judge Jamee Comans ruled that Khalil “willfully misrepresented material fact(s) for the sole purpose of circumventing the immigration process and reducing the likelihood his application would be denied.” He ordered that the 30-year-old be deported to either Syria, where he was born in a Palestinian refugee camp, or to neighboring Algeria, where he also holds citizenship.
Khalil’s lawyers submitted a letter to a federal court in New Jersey overseeing his case and said they will challenge the decision.
Khalil was detained by U.S. immigration authorities for more than 100 days earlier this year as the Trump administration sought to deport him over his anti-Israel and pro-Palestinian activism.
The activist claims that he is being made an example of because of his role in the high-profile Ivy League college protest against Israel’s ongoing war with Hamas in Gaza, and has filed a claim seeking $20 million in damages from the Trump administration.
Khalil’s lawyers allege that he was falsely imprisoned, maliciously prosecuted, and publicly smeared as an anti-Semite as part of a politically motivated effort to silence his activism.
The filing is a precursor to a lawsuit under the Federal Tort Claims Act, which allows individuals to pursue damages for harm caused by officials acting unlawfully. Khalil said he would accept, in lieu of monetary damages, an official apology and the abandonment of the administration’s policies that he alleges target pro-Palestinian speech.
His wife, who holds U.S. citizenship, was pregnant when he was detained in a Louisiana jail, and Khalil missed the birth of their son.
When Khalil was released on June 20, U.S. District Judge Michael Farbiarz of New Jersey said that punishing someone over a civil immigration matter was unconstitutional. Khalil has not been charged with any crime.
Protesters, including some Jewish groups, say the U.S. government wrongly equates their criticism of Israel’s role in the war in Gaza with anti-Semitism and their pro-Palestinian advocacy with support for extremism.
