Immigration Board Denies Activist's Appeal, Bringing Deportation Closer

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An immigration appeals board has denied Mahmoud Khalil's latest bid to dismiss his deportation case, a ruling that brings the former Columbia University graduate student and Palestinian activist one step closer to re-arrest and possible expulsion from the United States. Khalil, a 31-year-old legal permanent resident, was the first person whose arrest became publicly known during the federal crackdown on noncitizens who publicly criticized Israel and its actions in Gaza.

Why it matters

This case highlights the growing concerns over the use of the immigration system to target and punish activists and critics of the Israeli government's policies, raising questions about free speech protections and the politicization of the immigration courts.

The details

The Board of Immigration Appeals issued the final order of removal on Thursday, according to Khalil's lawyers. Khalil said he was not surprised by the ruling, which he called 'biased and politically motivated.' His attorneys said he cannot be lawfully detained or deported as he pursues a separate case in the federal court system. The government has claimed that Khalil's efforts as a leader of pro-Palestinian protests at Columbia were 'aligned to Hamas,' though they have not presented evidence of any connection to the terrorist group, and Khalil has adamantly denied allegations of antisemitism.

• Khalil was arrested last March.
• Khalil spent 104 days in an immigration jail, missing the birth of his first child, before he was ordered released by a federal judge in New Jersey.
• Khalil suffered a significant setback in his federal case earlier this year, with a U.S. appeals panel ruling the judge in New Jersey overstepped his authority by releasing him.

What’s next

Khalil's lawyers are requesting the full appeals panel reconsider the decision that found the judge in New Jersey overstepped his authority by releasing Khalil. Earlier this month, they asked one of the appellate panel's judges to step aside because of his previous role as a top Justice Department official involved in investigating student protesters.