As the details of Mahmoud Khalil’s arrest by U.S. immigration agents first emerged this week, attorneys I spoke with were so astonished that they wondered if the government had made a mistake. President Donald Trump and other administration officials had been threatening to punish protesters by taking away student visas, but Khalil was a legal permanent resident with a U.S.-citizen spouse. The Palestinian activist and former Columbia University student hadn’t been charged with a crime.
It turns out Secretary of State Marco Rubio identified a second individual to be deported, and included that person alongside Khalil in a March 7 letter to the Department of Homeland Security. Both were identified in the letter as legal permanent residents, The Atlantic has learned.
Rubio’s letter notified DHS that he had revoked both targets’ visas, setting in motion plans for U.S. Immigration and Customs Enforcement to arrest and attempt to deport them, according to a senior DHS official and another U.S. official who spoke on condition of anonymity to describe how the operation against Khalil took shape.
In addition to the two names in Rubio’s initial letter, the State Department has also sent the names of “one or two” more students whose visas it has revoked, according to the DHS official, who described the first group of names as an opening move, with “more to come.”
The officials did not disclose the name of the second green-card holder, and did not know whether the person is a current or former Columbia student, or had been singled out for some other reason. The person has not been arrested yet, the U.S. official said.
Khalil, 30, a graduate student who became a prominent leader of campus demonstrations against the war in Gaza last spring, was taken into custody one day after Rubio sent the letter to DHS. The circumstances of his arrest and detention have set off alarms about the Trump administration’s willingness to test First Amendment protections and wield its power over noncitizens in order to intimidate protesters.
Trump has said on social media that Khalil’s is “the first arrest of many to come.”
The ICE agents who arrested Khalil on March 8 were from the agency’s Homeland Security Investigations division, which typically handles counternarcotics, counterterrorism, and other transnational crimes, rather than civil immigration enforcement. Khalil’s attorney did not respond to inquiries today.
A copy of the charging document ICE filed—published yesterday by The Washington Post—suggests that the government’s formal allegations against Khalil were drafted in haste.
The document, called a Notice to Appear, identifies Khalil as a citizen of Algeria who was born in Syria. It states that he was admitted to the United States “at unknown place on or about unknown date,” even though DHS is the federal entity in possession of visa holders’ entry data.
The document then appears to make a significant error, according to Andrew Rankin, a Memphis immigration attorney who has been following Khalil’s case.
It states that Khalil became a legal permanent resident under a specific statute in immigration law, which is true, but refers to the wrong one. “The document was written very unprofessionally,” Rankin told me. “When DHS realizes what they’ve done, they’ll be begging the judge to let them correct it.”
Although the State Department has broad latitude to revoke a foreign student’s visa and DHS can deport them, someone with legal permanent residency—a green-card holder—has to be stripped of that status by an immigration judge before they can be deported.
That routinely happens when a green-card holder commits a serious crime. But Khalil has not been charged with a crime. Trump-administration officials are trying to remove him using an extraordinary and seldom-cited authority in the Immigration and Nationality Act that allows the secretary of state to personally determine that an immigrant’s presence in the United States has “potentially serious adverse foreign policy consequences.”
Troy Edgar, who was confirmed earlier this week as DHS deputy secretary, struggled to explain that rationale during a contentious NPR interview broadcast this morning. When Edgar claimed that Khalil had engaged in anti-Semitic political activities in support of Hamas, the NPR host Michel Martin pressed Edgar to say what specific laws he’d broken or whether he had engaged in pro-Hamas propaganda.
As Edgar grew flustered, he told Martin she could “see it on TV.”
“We’ve invited and allowed the student to come into the country, and he put himself in the middle of the process of basically pro-Palestinian activity,” Edgar said.
Martin asked if protest activity constitutes “a deportable offense.” Edgar didn’t answer.
At Columbia, Khalil was one of the protest movement’s most prominent figures. Administration officials say his criticism of Israel fueled anti-Semitism on campus and aligned with the violent radicalism of terrorists. But their case for his deportation rests with the rarely tested authorities of the secretary of state to expel someone based on U.S. foreign-policy interests.
Immigration attorneys tracking the case say the administration is looking to test the boundaries of U.S. immigration law and speech protections. The First Amendment does not protect speech that incites violence, Rankin noted. Trump officials, including Rubio, claim that Khalil and other protesters threatened and intimidated Jewish students, but have not cited specific acts.
“There are kids at these schools that can’t go to class,” Rubio told reporters this week, referring to Jewish students, many of whom had faced harassment. “You pay all this money to these high-priced schools that are supposed to be of great esteem, and you can’t even go to class.”
“If you told us that’s what you intended to do when you came to America, we would have never let you in,” he added. “If you do it once you get in, we’re going to revoke it and kick you out.”
The day after Khalil’s arrest, the government whisked him to an ICE detention center in Louisiana. His attorneys said they were unable to speak privately with him for several days.
If U.S. immigration courts side against Khalil and declare him deportable, he could file an appeal. If he loses, his attorneys could ask a U.S. district court in Louisiana to stop his deportation. Because he is in Louisiana, his case would fall under the jurisdiction of the Fifth Circuit Court of Appeals, which has a reputation as the nation’s most conservative appeals court. Two DHS officials said the government moved him to Louisiana to seek the most favorable venue for its arguments.
Ira Kurzban, a Miami immigration lawyer and the author of a widely used legal sourcebook, said the government’s claims against Khalil have no recent comparison, and would likely be precedent-setting. “This is a test case,” he said.
Khalil’s lawyers are trying to get him returned to New York. A district-court judge in New York has barred the government from deporting Khalil until his case is resolved, but the judge has not ordered the administration to return him to New York. Khalil is scheduled to appear before an immigration judge in Louisiana on March 27.
In a filing Thursday night, Khalil’s attorneys told the district court in New York that their client was being punished for engaging in legally protected protest activity. “The Trump administration has made no secret of its opposition to those protests and has repeatedly threatened to weaponize immigration law to punish noncitizens who have participated,” his attorneys said, asking the court to bring Khalil back from Louisiana, order his release, and block the government’s case.
Trump-administration officials view the moves targeting foreign students as part of their wider immigration-enforcement crackdown. Trump is planning to invoke executive authorities, including a wartime law, the Alien Enemies Act of 1798, as soon as tomorrow, according to a White House official who was not authorized to discuss internal plans.
Trump has grown frustrated that the pace of deportations has lagged behind what he promised on the campaign trail, and he has urged DHS officials to accelerate their efforts, the official said. He also said the president may try to use the 18th-century law to target specific groups, including suspected members of the Tren de Aragua, a Venezuelan gang that the administration has designated a foreign terrorist organization.
Trump previewed that move while he signed executive orders in the Oval Office on Inauguration Day. The White House official cautioned that the timing was fluid and the administration may not publicize it in advance, because it is convinced that press leaks have hindered previous deportation operations.
Jonathan Lemire contributed reporting.
