The Trump administration sent the far-left into an apoplectic rage on Sunday when it was announced they had detained pro-Hamas activist Mahmoud Khalil. The Department of Homeland Security took him into custody with the intent to revoke his green card and deport him after he repeatedly expressed public support for terrorism.
SEE: Pro-Hamas Activist and Former Columbia Student Nabbed By ICE
Khalil is originally from Syria and has been one of the leaders of the antisemitic harassment campaign taking place at Columbia University. During the summer of 2024, he helped instigate and organize a group of Hamas supporters who illegally occupied public spaces around the school, becoming one of their chief “negotiators.” Columbia pro-terrorist activists made headlines again recently when they surrounded a Jewish center on campus, screaming for a “global intifada.” Khalil was also filmed participating in a “protest” that took over a library.
As to the legal justification for his detainment, the relevant statute is cited below.
Really straightforward why Mahmoud Khalil is getting deported
You don’t get to endorse or espouse terrorist activity as a non-citizen – even if you have a green card
Bye bye pic.twitter.com/YovqMGYxbe
— Will Chamberlain (@willchamberlain) March 10, 2025
That seems pretty straightforward, but nothing is ever cut and dried when left-wing judges make it their life’s mission to oppose everything the Trump administration does. Judge Jesse M. Furman of the Southern District of New York stepped in to block Khalil’s deportation and ordered legal representation for both sides to appear on Wednesday.
Judge Furman of SDNY blocked the Trump administration from removing Mahmoud Khalil from the US, “a Radical Foreign Pro-Hamas Student,” as the White House described him.
The basis articulated by the court is to preserve jurisdiction over the removal. pic.twitter.com/BZqZ3fBlhe
— Marina Medvin :us: (@MarinaMedvin) March 10, 2025
Here’s where things get interesting, though, because it appears the Trump administration may have outfoxed the judge in this case. According to reports, Khalil was moved to an ICE detention center in Louisiana. Why is that important? Because while Furman issued his order based on Khalil’s New York petition for habeas corpus (i.e., that he be released pending further litigation), the law requires that the petition be filed in the federal court district the subject is being held in. If Khalil isn’t in New York anymore, and it seems fairly certain he isn’t, then Furman has no jurisdiction over the case.
SDNY judge blocks removal of Khalil “to preserve jurisdiction” but, if as has been reported, he was already moved to another location and is not physically in the SDNY then the court has no jurisdiction on a habeas petition and this order is void ab initio.…
— Richard A Harrison (@RAHarrisonPA) March 10, 2025
Experienced former federal prosecutor and RedState contributor Shipwreckedcrew concurred with that interpretation, saying the following on social media.
It has been speculated about — and I agree — that this was done to deprive SDNY of venue over a habeas corpus petition as those are supposed to be filed in the federal district court where the person is being held.
So good luck with the judges in Louisiana.
It sure seems like the Trump administration just did an end-around a Barack Obama-appointed judge. Whether Furman will acknowledge that is another question. He may try some other administrative gambit to remain involved in the case, though as a non-lawyer, I’m not sure what that would be. For now, though, it seems Khalil’s deportation is very much back on the table.
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