The recent arrest of Palestinian activist Mahmoud Khalil has sparked questions about the protection of foreign students and green card holders against deportation in the United States. Khalil, a student at Columbia University, was taken into custody by Immigration and Customs Enforcement (ICE) agents on Saturday, and is currently being held at an immigration detention center in Louisiana while awaiting immigration court proceedings.
The arrest of Khalil has raised concerns about whether foreign students and green card holders are being unfairly targeted for their activism. President Donald Trump and Homeland Security officials have indicated that his arrest was directly tied to his role in organizing campus protests against the war in Gaza last spring.
But what are the protections for foreign students and green card holders, and what could be next for Khalil?
Firstly, it’s important to understand who is considered a green card holder. This status is given to individuals who have lawful permanent residence in the United States. According to Jaclyn Kelley-Widmer, an immigration law professor at Cornell Law School, green card holders are generally well-protected and should be considered as such, just below U.S. citizens. However, this protection is not absolute and they can still be deported for certain reasons such as committing a crime, failing to notify immigration officials of a change in address, or engaging in marriage fraud.
The Department of Homeland Security stated that Khalil’s arrest was due to Trump’s executive orders prohibiting antisemitism. The president has argued that protesters like Khalil have forfeited their rights to remain in the country by supporting Hamas, a Palestinian group that controls Gaza and has been designated as a terrorist organization by the U.S. government. However, Khalil and other student leaders of Columbia University Apartheid Divest have refuted claims of antisemitism, stating that they are part of a broader anti-war movement that also includes Jewish students and groups. While the protest coalition has voiced support for leaders of Hamas and Hezbollah, another designated terrorist organization, Khalil has not been convicted or charged with any terrorist-related activity.
Experts say that the federal government has broad authority to arrest and try to deport a green card holder on terrorism grounds. According to the Immigration and Nationality Act, a green card holder can be considered “removable” if the secretary of homeland security or the attorney general have reasonable grounds to believe that they have engaged in or are likely to engage in terrorist activities. However, Kelley-Widmer points out that she has never seen a case where the alleged terrorist activity happened within the U.S., and she questions whether participating in protests, as Khalil did, would qualify as grounds for deportation.
There has also been controversy surrounding the circumstances of Khalil’s arrest. His lawyer, Amy Greer, stated that ICE agents initially claimed to be acting on a State Department order to revoke his student visa. However, when Greer informed them that Khalil was a permanent resident with a green card, they changed their statement and said they would revoke his documentation instead. This raises questions about the justification for his arrest and the actions of ICE agents.
So, what are the next steps for Khalil’s case? Secretary of State Marco Rubio has stated that the administration will be “revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” While the State Department does have authority to revoke a student visa if certain conditions are violated, such as getting arrested for drunk driving, the case is different for a lawful permanent resident. In this case, it would require an immigration judge to determine whether they can be deported. Khalil will receive charging documents explaining why he is being detained and why the government wants to remove him, as well as a notice to appear in immigration court. This initial appearance could take anywhere from 10 days to a month.
However, there are also concerns about the delays currently seen in the immigration court system. John Gihon, a Florida immigration attorney, notes that clients are being moved around to different facilities and sometimes even transferred across the country. This can significantly prolong the legal process and add to the stress and uncertainty faced by individuals like Khalil.
Khalil’s lawyers have also filed a lawsuit challenging his detention, and a federal judge in New York City has ordered that he not be deported while the court considers his case. A hearing is scheduled for Wednesday, and it remains to be seen what the outcome will be.
In the midst of all this, it is important to remember that Khalil has not been convicted of any terrorist-related
