The recent arrest of Palestinian activist Mahmoud Khalil has sparked concerns and questions about the protection of foreign students and green card holders in the United States. Khalil, who helped organize campus protests against the war in Gaza, was taken into custody by Immigration and Customs Enforcement (ICE) agents and is currently being held at an immigration detention center in Louisiana. His arrest has drawn criticism and raised doubts about the fairness and legality of targeting individuals for their activism.
Khalil, a lawful permanent resident with a green card, is facing potential deportation as a result of his involvement in the protests last spring at Columbia University in New York City. The Department of Homeland Security and President Donald Trump have indicated that his arrest was directly linked to his support for the Palestinian group Hamas, which controls Gaza and is designated as a terrorist organization by the U.S.
But what protections do foreign students and green card holders have against deportation? And what might be the next steps for Khalil?
According to immigration law expert Jaclyn Kelley-Widmer, green card holders are generally well-protected and should be considered as such, second only to U.S. citizens. However, this protection is not absolute. Green card holders can still be deported for certain reasons, such as committing crimes, failing to notify immigration officials of a change in address, or engaging in marriage fraud.
In Khalil’s case, the government has cited Trump’s executive orders prohibiting anti-Semitism as the reason for his arrest. The president has argued that by supporting Hamas, protesters have forfeited their rights to remain in the country. However, Khalil and other student leaders of Columbia University Apartheid Divest have rejected claims of anti-Semitism, stating that their protests are part of a broader anti-war movement that includes Jewish students and groups. While the protest coalition has expressed support for leaders of Hamas and Hezbollah, another designated terrorist organization, Khalil has not been convicted of any terrorist-related activity or charged with any wrongdoing.
Experts say that the federal government has broad authority to arrest and attempt to deport a green card holder on terrorism grounds. Under the Immigration and Nationality Act, a green card holder can be deemed “removable” if the secretary of homeland security or the attorney general have reasonable grounds to believe they have engaged in or are likely to engage in terrorist activities. However, Kelley-Widmer questions whether participating in protests, as Khalil did, qualifies as terrorist activity.
One of the key issues in Khalil’s case is what ICE agents said to his lawyer at the time of his arrest. According to his lawyer, Amy Greer, the agents initially claimed to be acting on a State Department order to revoke his student visa. But when Greer informed them that Khalil was a permanent resident with a green card, they changed their statement and said they would revoke his green card instead.
So, what are the next steps in 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. If someone is in the country on a student visa, the State Department does have the authority to revoke it if the person violates certain conditions. For example, if a foreign student is arrested for drunk driving, their visa may be cancelled. However, in the case of a lawful permanent resident, an immigration judge must determine whether they can be deported.
According to Florida immigration attorney John Gihon, 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 should happen within 72 hours of his arrest, and he will then make an initial appearance before an immigration judge. However, there are currently extensive delays in the immigration court system, with detainees often being moved to different facilities and transferred across the country.
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.
The arrest of Mahmoud Khalil has raised important questions about the protection of foreign students and green card holders in the U.S. While they may have certain rights and protections, these are not absolute and can be challenged by the government. As Khalil’s case unfolds, it remains to be seen what the future holds for him and other foreign students and green card holders in similar situations.
