Court Says Detained Pro-Palestine Activist Can Be Deported But He's Not Expected To Be Removed Yet

An immigration judge in Louisiana ruled on Friday that pro-Palestine activist Mahmoud Khalil can be deported from the U.S., but he is not expected to be removed yet as his lawyers are expected to appeal.

Concretely, judge Jamee E. Comans said after a hearing in Jena that the Trump administration's arguments, that Khalil's presence in the country could have "potentially serious foreign policy consequences" was enough to satisfy her requirements.

The judge concluded that the government had "established by clear and convincing evidence that he is removable." His lawyers, in turn, are claiming that his detention is illegal and goes against free speech rights.

The Trump administration is using a rarely invoked Cold War-era immigration statute to justify the deportation of Khalil: the Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act.

Originally passed during the Cold War to combat communist influence, the law allows the Secretary of State to deport non-citizens whose presence is deemed to have "potentially serious adverse foreign policy consequences."

In this context, Secretary of State Marco Rubio said his decision to remove Khalil is supported by the act. He added that while the activist's "past, current or expected beliefs, statements, or associations that are otherwise lawful," the provision allows him to "personally determine" whether he should be allowed to live in the country.

"The foreign policy of the United States champions core American interests and American citizens and condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective," reads a passage of the document.

Khalil has been detained for about five weeks. In mid-March he dictated a letter through a phone call from a detention facility in Louisiana. He said that after being taken by ICE in New York City, he was forced to sleep on a "cold floor" at an office before being taken to a detention center in New Jersey. There he also "slept on the ground and was refused a blanket" despite requesting one.

30-year-old Khalil, born in Syria to Palestinian parents, was a negotiator representing students who staged numerous protests throughout the year, setting up encampments and disrupting activities. Both his student visa and green card were revoked.

The Trump administration is also reportedly considering banning some colleges from having any foreign students if it determines that too many of them are "pro-Hamas."

Axios reported in late March that the administration is targeting "Hamasniks" who have shown public support for the group, considered a terrorist organization by the U.S.

To do so, a new Department of Homeland Security task force is using data analytic tools to scour the social media histories of the estimated 1.5 million foreign students studying in the United States for potential grounds to revoke their visas.