Faced with a deadline to provide evidence in its deportation case against activist Mahmoud Khalil, lawyers for the federal government instead filed a memorandum by Secretary of State Marco Rubio to a Louisiana immigration court.
In the memo, which was obtained by CBS News, Rubio wrote that Khalil’s role in protests on the campus of Columbia University is in conflict with American foreign policy objectives. Rubio did not cite specific evidence against Khalil. He stated that Khalil is deportable under a little-known statute in federal immigration law that provides the government is entitled to deport noncitizens whose presence in the U.S. damages national foreign policy interests.
Rubio argued that the presence of Khalil, a 30-year-old legal permanent resident, undermines “U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States.”
Khalil was a prominent voice in the spring 2024 pro-Palestinian protests at Columbia University, where he earned a master’s degree from the School of International and Public Affairs in December 2024. He was detained by federal immigration authorities at his university-owned apartment as his pregnant wife looked on. He was moved from New York to a detention center in New Jersey before being flown to a remote facility in Jena, Louisiana.
The government claims that Khalil has supported Hamas, and can be deported if it is determined his presence and activities threaten the foreign policy interests of the U.S., citing alleged support for Hamas, a U.S.-designated terrorist group. To date, CBS News has not found evidence that Khalil has said he supports Hamas.
Assistant chief immigration Judge Jamee Comans on Tuesday said she would terminate the case unless the government showed evidence supporting the removal of the former Columbia student. Khalil’s attorney Marc Van Der Hout said at the hearing that he had “not received a single document” of evidence from the government.
“I’d like to see the evidence,” Comans said, demanding that the government make a filing within 24 hours.
In response, the Department of Homeland Security submitted the two-page memo from Rubio, which includes references to Khalil and one other lawful permanent resident whose name was redacted.
Rubio wrote that they should be removed from the country because their “presence or activities would compromise a compelling U.S. foreign policy interest.”
“The foreign policy of the United States champions core American interests and American citizens,” he continued, “and condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective.”
Rubio pointed to Khalil’s participation in what he descirbed as “antisemitic protests and disruptive activities,” which he said creates a “hostile environment for Jewish students,” as well as “unlawful activity” during those protests.
“The government can’t just operate on hidden law based on one executive official’s say so,” said Baher Azmy, Legal Director of the Center of Constitutional Rights during a press call about Khalil on Thursday. “Does anyone here know what conduct they would have to engage in that would trigger an adverse foreign policy interest to The United States? No one does. No one can. Which is what’s so dangerous about this law.”
Comans has set a removability hearing for Khalil on Friday at 1 p.m., at which she could determine whether sufficient evidence has been provided to support the continuation of his immigration case.
The government had previously said Khalil should be expelled for what it’s described as “material support” for the militant group Hamas via his role in campus protests against Israel.
Khalil’s attorneys, who have also sued the government on his behalf, lambasted the government, saying the government was depriving him of his right to free speech.
“After a month of hiding the ball since Mahmoud’s late-night unjust arrest in New York and taking him away to a remote detention center in Louisiana, immigration authorities have finally admitted that they have no case whatsoever against him,” said Van Der Hout. “Instead, the government is clearly going after Mahmoud and persecuting him for exercising his First Amendment rights.”
After Khalil’s arrest, President Trump said it was just the first “of many to come.” His statement heralded a crackdown on students and alleged “agitators” who have protested against Israel.
Foreign-born students across the country have since faced the knocks of immigration agents at the door, and deportation proceedings.
“If the secretary of state claims the power to arrest, detain and deport someone, including a lawful permanent resident, simply because that person dissents from US foreign policy, there are no limits. There’s no beginning and no end to that kind of executive power,” said Johnny Sinodis, an attorney for Khalil’s immigration case.
“This is not a routine immigration case or even routine habeas case,” he added. “This case is intentionally projecting a message of repression about who can say what in this country and the consequences to your liberty and your life if you object to U.S. policy.”
