{"id":25496,"date":"2026-02-26T20:20:14","date_gmt":"2026-02-26T20:20:14","guid":{"rendered":"https:\/\/microvibenews.com\/?p=25496"},"modified":"2026-02-26T20:20:14","modified_gmt":"2026-02-26T20:20:14","slug":"pro-palestine-international-students-have-won-in-court-why-hasnt-mahmoud-khalil-won-his-freedom","status":"publish","type":"post","link":"https:\/\/microvibenews.com\/?p=25496","title":{"rendered":"Pro-Palestine International Students Have Won in Court. Why Hasn\u2019t Mahmoud Khalil Won His Freedom?"},"content":{"rendered":"<p><\/p>\n<div>\n<p><span class=\"has-underline\">Most of the<\/span> student activists targeted for deportation by the Trump administration for their pro-Palestine speech have beaten back their deportation cases.<\/p>\n<p>Despite being one of the most recognizable faces among the activists, however, Mahmoud Khalil still faces possible re-detention and deportation to Algeria, a country he\u2019s never lived in.<\/p>\n<p>Now, on the heels of a federal court <a href=\"https:\/\/theintercept.com\/2026\/01\/15\/mahmoud-khalil-ice-detention\/\">ruling<\/a> that delivered a blow to his case, Khalil is mounting a new fight in immigration court, where he is appealing his deportation order.<\/p>\n<p>Earlier this month, Khalil and his legal team requested that the government move the case out of Louisiana, the conservative district where he was held for three months. The legal team asked the court to send the case back to New York, where Khalil was initially detained and where he lives with his wife, Noor Abdalla, and their 10-month-old son Dean, who was born when Khalil was incarcerated.<\/p>\n<p>If they\u2019re successful, the legal team plans to submit new evidence to show the government\u2019s retaliation against Khalil in hopes of dismissing his deportation case, according to the February 13 <a href=\"https:\/\/embed.documentcloud.org\/documents\/27408109-motion-to-remand-mahmoud-khalil-bia\/?embed=1\">motion<\/a> exclusively obtained by The Intercept. The motion, filed in immigration court, lays out the inequities of how Khalil\u2019s deportation proceedings were handled last year by U.S. Immigration and Customs Enforcement and its parent agency, the Department of Homeland Security.<\/p>\n<p>Khalil\u2019s attorneys hope to use a raft of government documents that have become public since his initial hearings \u2014 documents that emerged after Louisiana courts denied him access to the materials in discovery.<\/p>\n<p>\u201cThis is the bare minimum that immigration courts should do, to look at the evidence,\u201d Khalil told The Intercept. \u201cAnd it\u2019s clear by the government\u2019s statements, by ICE and DHS conduct, that these were brought in retaliation to our freedom of speech.\u201d<\/p>\n<p>Among the documents is a newly unsealed March 2025 <a href=\"https:\/\/theintercept.com\/2026\/01\/23\/mahmoud-khalil-palestine-protest-rubio\/\">legal memo<\/a> from the Department of Homeland Security that shows the Trump administration lacked evidence to support its case.<\/p>\n<p>In addition to the documents, Khalil\u2019s legal team drew comparisons to the cases of other student activists who have won relief from the courts. Unlike the cases of recent Tufts University graduate <a href=\"https:\/\/theintercept.com\/2025\/03\/30\/tufts-rumeysa-ozturk-ice-immigration-op-ed\/\">R\u00fcmeysa \u00d6zt\u00fcrk<\/a> and former Columbia University student <a href=\"https:\/\/theintercept.com\/2025\/09\/30\/mohsen-mahdawi-ice-detention-trump-columbia\/\">Mohsen Mahdawi<\/a>, for instance, the immigration judge presiding over Khalil\u2019s case has refused to rule on whether the Trump administration unconstitutionally targeted Khalil for his activism at Columbia <a href=\"https:\/\/theintercept.com\/2025\/03\/19\/columbia-mahmoud-khalil-suspension-gaza-protests\/\">while he was a graduate student<\/a>.<\/p>\n<p>Both \u00d6zt\u00fcrk and Mahdawi relied in part on a <a href=\"https:\/\/theintercept.com\/2025\/09\/30\/rubio-noem-deport-aaup-ruling-free-speech\/\">landmark ruling<\/a> in a separate case that the government violated the constitutional rights of pro-Palestinian activists, including Khalil, when it detained them last year. In late January, a judge <a href=\"https:\/\/theintercept.com\/2026\/02\/13\/rumeysa-ozturk-tufts-deportation-case-dismissed\/\">dismissed<\/a> \u00d6zt\u00fcrk\u2019s deportation case and cited the September ruling. Just last week, Mahdawi beat his own <a href=\"https:\/\/www.vermontpublic.org\/local-news\/2026-02-17\/immigration-judge-dismisses-deportation-case-mohsen-mahdawi\">deportation case<\/a> after the judge said the government failed to certify the document it used to detain the activist.<\/p>\n<p>\u201cAt least some part of this immigration system is still functioning fairly,\u201d said Khalil, whose legal team hopes to add to the string of victories.<\/p>\n<p><!-- BLOCK(cta)[0](%7B%22componentName%22%3A%22CTA%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><!-- END-BLOCK(cta)[0] --><\/p>\n<h2 class=\"wp-block-heading\" id=\"h-the-khalil-exception\"><strong>The Khalil Exception<\/strong><\/h2>\n<p>For nearly a year, the Trump administration has attempted to make an example out of Khalil as part of its harsh crackdown on advocacy for Palestinian rights. ICE agents detained Khalil last March at his New York City home and whisked him away to Louisiana.<\/p>\n<p>Immigration detainees are frequently rushed to Louisiana; critics of the transfers say they serve to isolate immigrants from loved ones and communities that could aid them, and also <a href=\"https:\/\/theintercept.com\/2025\/03\/14\/mahmoud-khalil-ravi-ragbir-ice-deport\/\">takes advantage of more conservative judges<\/a> who could be friendlier to administration positions. Yet Khalil\u2019s attorneys said the swift nature of the transfer, flying him out of New York within several hours of his detention, was especially punitive.<\/p>\n<p>At the time of his detention and transfer, the Trump administration said Khalil should be deported because his campus activism harmed U.S. foreign policy, justifying the position by conflating his advocacy for Palestine with support for Hamas and antisemitism. The government later added a charge of immigration fraud to Khalil\u2019s case.<\/p>\n<p>Khalil and his legal team have long argued the Trump administration\u2019s case against him was never about immigration, but about <a href=\"https:\/\/theintercept.com\/2025\/09\/30\/rubio-noem-deport-aaup-ruling-free-speech\/\">silencing Israel\u2019s critics<\/a>. That argument was never considered by Judge Jamee Comans, who declined to consider Khalil\u2019s free speech claims.<\/p>\n<p>Comans also denied Khalil\u2019s application for a waiver that would create another path toward remaining the country; usually the waiver applications are reviewed in a hearing, Khalil\u2019s lawyers said, but Comans denied Khalil\u2019s outright.<\/p>\n<p>Comans upheld the Trump administration\u2019s claims in the case and twice last year ordered Khalil\u2019s deportation.<\/p>\n<p><!-- BLOCK(newsletter)[0](%7B%22componentName%22%3A%22NEWSLETTER%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<div class=\"newsletter-embed flex-col items-center print:hidden\" id=\"third-party--article-mid\" data-module=\"InlineNewsletter\" data-module-source=\"web_intercept_20241230_Inline_Signup_Replacement\">\n<div class=\"-mx-5 sm:-mx-10 p-5 sm:px-10 xl:-ml-5 lg:mr-0 xl:px-5 bg-accentLight hidden\" data-name=\"subscribed\">\n<h2 class=\"font-sans font-light uppercase text-[30px] leading-8 text-white tracking-[0.01em] mb-0\">\n      We\u2019re independent of corporate interests \u2014 and powered by members. 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Khalil\u2019s legal team said it was \u201cunprecedented\u201d for a judge to deny a detainee the opportunity to make a case for a violation of free speech rights.<\/p>\n<figure class=\"wp-block-pullquote has-text-align-right\">\n<blockquote>\n<p>\u201cThe whole case has been an example of abnormal, from Mahmoud\u2019s arrest until now.\u201d<\/p>\n<\/blockquote>\n<\/figure>\n<p>\u201cThe whole case has been an example of abnormal, from Mahmoud\u2019s arrest until now,\u201d said Johnny Sidonis, a head attorney on Khalil\u2019s immigration legal team. \u201cIf this evidence had been available to us and set forth in the record immigration court, it would have affected the outcome of the case.\u201d<\/p>\n<p>In December, Comans, the Louisiana judge, was <a href=\"https:\/\/www.justice.gov\/eoir\/staff-profile\/office-policy-acting-assistant-director\">promoted<\/a> to an acting assistant director position in the Department of Justice\u2019s Executive Office for Immigration Review. Comans could not be reached for comment, but her office said it does not comment on immigration judge decisions or active cases. (The Department of Homeland Security did not respond to a request for comment.)<\/p>\n<p>Khalil\u2019s lawyers now hope to make the newly unsealed Homeland Security memo a major piece of their case. Drafted the day of Khalil\u2019s detention, the memo was unsealed by a federal court in Massachusetts in late January as a part of litigation brought by The Intercept and other news outlets. The Trump administration acknowledged in the document that it lacked evidence to support its deportation case against Khalil beyond the rarely used foreign policy grounds <a href=\"https:\/\/theintercept.com\/2025\/03\/13\/mahmoud-khalil-legal-free-speech-deport\/\">provision<\/a> of the Immigration and Nationality Act. The government said in the memo that it anticipated legal blowback.<\/p>\n<p>A week after Khalil\u2019s detention and after his initial lawsuit, the government added the immigration fraud charge to the docket, accusing Khalil of leaving information about his <a href=\"https:\/\/theintercept.com\/2025\/04\/10\/deportation-case-mahmoud-khalil-antisemitism-rubio-trump\/\">internship for a United Nations agency<\/a> and membership in a pro-Palestine Columbia group off his 2024 green card application.<\/p>\n<p>The new motion in Khalil\u2019s case accuses the government of adding the second charge because the foreign policy-related \u201ccharge would not pass constitutional muster and therefore the government needed another reason to pursue Mr. Khalil\u2019s removal, no matter how meritless and tenuous it would be to do so, due to its retaliatory animus.\u201d<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-i-could-be-deported-any-day\"><strong>\u201cI Could Be Deported Any Day\u201d<\/strong><\/h2>\n<p>Khalil\u2019s legal fight is being waged in two courts: in federal court, where the adverse ruling came from on January 15, and in immigration court.<\/p>\n<p>In immigration court, the Department of Homeland Security has until March 23 to file its response to Khalil\u2019s filing at the immigration appeals board, after which the board will render its decision. And Khalil already has an ongoing case against his detention in federal court.<\/p>\n<p>Last month, a panel of appeals court judges overturned a lower court\u2019s order to release Khalil based on his First Amendment rights, saying the lower court doesn\u2019t have jurisdiction over free speech aspects of the case. Khalil has until March 31 to appeal that ruling.<\/p>\n<p>In the meantime, Khalil has remained free from detention since last June, but he seldom gone outside since the federal appeals court ruling last month. A week after the ruling, an ICE spokesperson said the Trump administration was making <a href=\"https:\/\/www.newsnationnow.com\/politics\/mahmoud-khalil-deport-algiers\/\">plans<\/a> to deport Khalil to Algeria.<\/p>\n<p>Planning a future with his family is bogged down in in uncertainty, he said. Before signing the lease to their new apartment, the first question he asked the landlord was: \u201cWhat if I break the lease prematurely?\u201d<\/p>\n<p>\u201cI can\u2019t buy any piece of furniture,\u201d Khalil said, \u201cbecause I could be deported any day.\u201d<\/p>\n<figure class=\"wp-block-pullquote has-text-align-right\">\n<blockquote>\n<p>\u201cI can\u2019t buy any piece of furniture because I could be deported any day.\u201d<\/p>\n<\/blockquote>\n<\/figure>\n<p>Despite the stress of his possible deportation and security risks, Khalil has continued his advocacy for Palestinian rights and that of others to speak out, giving <a href=\"https:\/\/www.instagram.com\/reel\/DUuRNfUjJdL\/?hl=en\">speeches<\/a> at events and meeting with members of Congress on Capitol Hill.<\/p>\n<p>He has also remained in contact with \u00d6zt\u00fcrk, Mahdawi, and Georgetown scholar Badar Khan Suri, who was also detained for his pro-Palestine advocacy, as well as <a href=\"https:\/\/theintercept.com\/2025\/10\/02\/gaza-remittance-wire-transfer-hamas-ice\/\">Leqaa Kordia<\/a>, the last person who remains jailed after participating in the Columbia protests.<\/p>\n<p>For Khalil, continuing to speak out, despite security risks, is his way of showing he will not be intimidated into giving the Trump administration wanted: his silence.<\/p>\n<p>\u201cThe administration wanted to make an example out of me,\u201d Khalil said. \u201cAnd this is the way that I\u2019m making an example of this administration.\u201d<\/p>\n<\/p><\/div>\n<p><script async src=\"\/\/www.instagram.com\/embed.js\"><\/script>#ProPalestine #International #Students #Won #Court #Hasnt #Mahmoud #Khalil #Won #Freedom<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Most of the student activists &hellip; <\/p>\n","protected":false},"author":1,"featured_media":25497,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[246],"tags":[],"_links":{"self":[{"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/posts\/25496"}],"collection":[{"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/microvibenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25496"}],"version-history":[{"count":0,"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/posts\/25496\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/microvibenews.com\/index.php?rest_route=\/wp\/v2\/media\/25497"}],"wp:attachment":[{"href":"https:\/\/microvibenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/microvibenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/microvibenews.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}