A legal battle over the detention of a Columbia University student, which has become a flashpoint in the Trump administration’s immigration policy, will unfold in federal court. On Tuesday, the U.S. government indicated it would oppose Palestinian activist Mahmoud Khalil’s bid for release.
U.S. District Judge Jesse Furman temporarily blocked authorities from deporting Khalil, 29, on Monday and scheduled a hearing for Wednesday. The government’s legal team plans to argue that Furman lacks the authority to resolve the case and that the judge should first decide whether he has such authority before considering Khalil’s claims. They also stated that Wednesday’s hearing would focus on scheduling matters.
This case could ultimately test where immigration courts draw the line between protected free speech and alleged support for groups the U.S. considers terrorist organizations, as President Donald Trump seeks to fulfill his promise of deporting foreign students involved in the pro-Palestinian protest movement.
While Trump has claimed that Khalil supports Hamas on social media, his administration has not charged him with any crimes or provided evidence of his support for the group. Khalil, who was a prominent activist at Columbia during protests against Israel’s military actions in Gaza following Hamas’ October 2023 attack, has not been linked directly to Hamas, which is designated as a foreign terrorist organization by Washington.
In the wake of his arrest, which occurred outside Columbia’s student housing by Department of Homeland Security agents, Democratic lawmakers, protesters in New York City, and the United Nations Special Rapporteur on the Occupied Palestinian Territories condemned the action. They have argued that it represents a concerning escalation of political repression and abuse of power.
Khalil, who arrived in the U.S. on a student visa in 2022 and is a lawful permanent resident with a green card, has completed his master’s degree at Columbia. His legal status grants him constitutional protections, including free speech under the First Amendment. Legal experts suggest that the government would need to present clear and convincing evidence to deport him, a higher standard than in civil cases but lower than the criminal conviction standard. Ultimately, an immigration judge will decide whether Khalil’s actions justify his removal, and the case may take years to resolve.
