Board of Immigration Appeals rules Mahmoud Khalil can be deported
by Lisa Hornung · UPIApril 10 (UPI) -- Mahmoud Khalil, a former student at Columbia University targeted by the Trump administration for his Palestinian activism, was found to be removable Thursday by the Board of Immigration Appeals -- an executive branch court.
The BIA issued a "final" administrative removal order in his case, which was an appeal of his earlier removal ruling that would have had him deported to Syria or Algeria.
But Khalil can't be removed or detained while his separate, ongoing habeas corpus case is in the Third Circuit Court of Appeals. His team said it will also appeal the BIA's ruling to the Fifth Circuit Court of Appeals.
Khalil is a lawful permanent resident.
"I am not surprised by this decision from the biased and politically motivated Board of Immigration Appeals. I have committed no crime. I have broken no law. The only thing I am guilty of is speaking out against the genocide in Palestine -- and this administration has weaponized the immigration system to punish me for it," Mahmoud Khalil said in a statement from the American Civil Liberties Union.
"My family is here. My life is here. I reject any attempt to intimidate me out of my home based on lies and ideological attacks. This is not justice. This is just another attempt to retaliate against me. I will continue fighting for my rights in court, and I will not be deterred - for me, my family, and all immigrants in this country who want to speak out against injustice," Khalil added.
Immigration courts are controlled by the executive branch. Since Trump took office, he has cut staff in the courts nearly in half. Then Trump added his own judges to the courts. Immigration courts backed Department of Homeland Security Lawyers in 97% of cases, NPR reported. That's at least 30% higher than the average from the past 16 years.
The ACLU said the ruling upheld a "meritless second charge" against Khalil alleging that he failed to disclose information about an internship at the United Nations Relief and Works Agency for Palestine Refugees and his membership in the unrecognized student group CU Apartheid Divest on his application for a green card.
Khalil's legal team argued in March that he listed Columbia instead of the UNRWA because his payment came from a university stipend. They also argued that he was not a member of CUAD but was a negotiator between the organization and the university during the April 2024 Gaza Solidarity Encampment. This also happened after Khalil applied for a green card.
"In all my decades as an immigration lawyer, I have never seen such a baseless and politically motivated decision. The BIA's decision has absolutely no support in the record, violates a federal court order, and we'll be fighting it until the end," said Khalil's attorney Marc Van Der Hout in a statement. "Federal courts have already agreed that Mahmoud was targeted for his speech, and there is likely much more evidence of the government's unlawful retaliation that has yet to come to light. This is a clear continuation of the administration's retaliation against Mahmoud for exercising his First Amendment rights."
Khalil's lawyers also argued that the ruling was based on the "Rubio determination" under the "foreign policy ground" of the Immigration and Nationality Act. But a federal district court in New Jersey ruled it was likely an unconstitutional basis for Khalil's deportation and banned it from being used as a basis for a removal order.
"Without the protection of a habeas court, the government could do this to anyone, which is why today's decision is an important reminder of the stakes of Mahmoud's habeas case," Brett Max Kaufman, senior counsel with the ACLU's Center for Democracy, said in a statement. "We will continue to use all legal levers available to protect our client and defend the First Amendment against this cruel and relentless campaign."
In July Khalil filed a $20 million lawsuit against the administration because he was detained for 104 days by Immigration and Customs Enforcement. Khalil has said he either wants $20 million or an apology from the administration.
This week in Washington
Secretary of Defense Pete Hegseth speaks during a press briefing at the Pentagon on Wednesday. Yesterday, the United States and Iran agreed to a two-week ceasefire, with the U.S. suspending bombing in Iran for two weeks if the country reopens the Straight of Hormuz. Photo by Bonnie Cash/UPI | License Photo