Immigration judge orders deportation of pro-Palestinian activist Mahmoud Khalil

An immigration judge in Louisiana authorized the deportation of Mahmoud Khalil, a pro-Palestinian activist and lawful permanent resident in the United States, after determining that he concealed information in his green card application. The decision, made Sept. 12 by Judge Jamee Comans, was released this week in court papers filed by his defense and states that Khalil could be removed to Syria or Algeria.

Khalil's legal representatives confirmed that they plan to appeal, although they acknowledged that the process could be closed in a short time and with little chance of reversing the ruling. They explained that, for the moment, the only recourse that prevents him from being expelled from the country is a federal order in New Jersey, where a habeas corpus filed in his favor is being reviewed.

An appeal process with few options

According to court records, Khalil's defense has 30 days to bring the case before the Board of Immigration Appeals. However, in a letter sent to federal Judge Michael Farbiarz in New Jersey, they warned that the outlook is not very encouraging, since the Fifth Circuit Court of Appeals rarely grants stays that allow foreigners to remain in the country while these proceedings are being resolved.

In the same brief, his legal representatives remarked that, without the intervention of the federal court, Khalil would face immediate deportation and that there is no mechanism to preserve his lawful permanent resident status.

Arrest and change in the government's arguments

Khalil, a Syrian national and former graduate student at Columbia University, was arrested on March 8 at his Manhattan home. His case is part of the Trump administration's immigration policy, which opened deportation proceedings against academics and pro-Palestinian activists with legal status in the country.

At first, the government resorted to a rarely used provision of immigration law, which allows for the deportation of a foreign national if the Secretary of State determines that his or her continued stay affects foreign policy interests. That avenue was stopped in June, when Judge Farbiarz blocked the measure and ordered his release after concluding that Khalil did not pose a danger or flight risk.

However, the Justice Department took up the case under another argument: that Khalil failed to fully disclose his work history and involvement in certain organizations when he applied for permanent residency.