An Update from Louisiana’s Immigration Court
A Louisiana immigration judge has stated that she will dismiss the case by Friday unless the government can present solid evidence against the individual in question.
The Trump administration has acknowledged that Mahmoud Khalil, a former student activist, has not violated any laws. Nonetheless, the administration has been given a deadline of 5:00 PM on Wednesday to justify why the Columbia University alum should be deported. This directive was issued by Judge Jamee Comans in Jena, Louisiana, during a late Tuesday hearing. Khalil has been held at an Immigration and Customs Enforcement facility in Jena for almost a month, following his capture by ICE agents in an unmarked vehicle.
Judge Comans made it clear during the hearing that the Department of Homeland Security (DHS) must “either provide sufficient evidence or not,” and she intends to make a decision on whether to release Khalil by Friday. “If he’s not removable, I’m going to terminate this case,” Comans declared.
Mark Van Der Hout, Khalil’s attorney, mentioned that he has been tirelessly seeking evidence from the government regarding the accusations against Khalil, which notably do not include any criminal offenses—a usual prerequisite for revoking someone’s green card or permanent residency.
A DHS attorney informed the judge that the government “has evidence to submit,” though it remains uncertain why such evidence has yet to be presented since Khalil’s detention on March 8. Khalil and his pregnant wife, who is a U.S. citizen, were confronted by ICE agents at their apartment on Columbia University’s property.
“We cannot plead until we know the specific allegations,” Van Der Hout stated during the hearing, which was virtually attended by about 600 supporters and members of the press.
The Trump administration has referenced a legal provision that allows for the deportation of noncitizens if their presence in the U.S. could result in “potentially serious adverse foreign policy consequences for the United States.” Recently, nearly 300 international students had their visas canceled without much explanation from the government. Some academic institutions have started advising students to refrain from expressing opinions on Palestinian rights or Israel’s U.S.-supported military actions in Gaza.
Initially, the government accused Khalil of being “aligned with Hamas” and posing a threat to U.S. security, yet no evidence has been provided to support these claims. In a March interview with NPR, Deputy Homeland Security Secretary Troy Edgar could not substantiate his allegations that Khalil supported or encouraged “terrorist activities,” instead associating his participation in pro-Palestinian demonstrations with terrorism.
It is now alleged that Khalil failed to disclose on his application that he had previously worked in the Syria office of the British embassy in Beirut, and that he had been an unpaid intern with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), a humanitarian organization serving the occupied Palestinian territories.
Van Der Hout informed Judge Comans that he “has not received a single document” substantiating any of the allegations against his client. He also requested a postponement of the upcoming Friday hearing, proposing that Secretary of State Marco Rubio, who initiated the “catch and revoke” program targeting foreign nationals perceived as “pro-Hamas,” provide a deposition in Khalil’s case.
Judge Comans denied the postponement request but concurred with Van Der Hout that the government must demonstrate why Khalil should be deported or else release him from custody. “I’m like you, Mr. Van Der Hout,” Comans remarked. “I’d like to see the evidence.”
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