
Secretary of State Marco Rubio is justifying the decision to revoke the visa of pro-Palestine activist Mahmoud Khalil by claiming that allowing him to stay in the country would create a "hostile environment for Jewish students in the United States."
Rubio made the claim in a memo as the Trump administration faced a deadline to prove that Khalil is a national security threat to the country.
Answering to a judge's request, Rubio said in the document that his decision was supported by a provision of the Immigration and Nationality Act of 1952. 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's lawyers, in turn, argued that the response meant that "immigration authorities have finally admitted that they have no case whatsoever against him."
Assistant Chief Immigration Judge Jamee Comans is set to determine Khalil's fate on Friday. Should she rule that he has to leave, his legal team will be allowed to appeal.
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.
"Visa-holders, green-card carriers, and citizens alike will all be targeted for their political beliefs," Khalil added in a passage of his statement.
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 has vowed to deport Khalil despite criticism from many Democrats and advocates, with Secretary of State Marco Rubio saying "he's going to leave — and so are others."
The detention has set up a showdown over first amendment rights. Asked if he could effectively link Khalil with terrorist activities or if he was espousing controversial views, Rubio said "these guys take over entire buildings, they vandalize colleges." Negotiating on their behalf is a "crime in and on itself," he added.
In this context, the Trump administration is 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.
Among the speech being looked out for by the new task force is what the agency deems to be antisemitic activity on social media and "physical harassment of Jewish individuals" as grounds to revoke or deny immigration benefits.
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