Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs

[mahatmakanejeeves]

Last edited Thu Apr 10, 2025, 09:49 PM - Edit history (1)

Source: Associated Press

By JAKE OFFENHARTZ
Updated 2:50 PM EDT, April 10, 2025

NEW YORK (AP) -- Facing a deadline from an immigration judge to turn over evidence for its attempted deportation of Columbia University activist Mahmoud Khalil, the federal government has instead submitted a brief memo, signed by Secretary of State Marco Rubio, citing the Trump administration's authority to expel noncitizens whose presence in the country damages U.S. foreign policy interests.

The two-page memo, (1) which was obtained by The Associated Press, does not allege any criminal conduct by Khalil, a legal permanent U.S. resident and graduate student who served as spokesperson for campus activists last year during large demonstrations against Israel's treatment of Palestinians and the war in Gaza. ... Rather, Rubio wrote Khalil could be expelled for his beliefs.

He said that while Khalil's activities were "otherwise lawful," letting him remain in the country would undermine "U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States."

{snip}

The submission was filed Wednesday after Judge Jamee Comans ordered the government to produce its evidence (2) against Khalil ahead of a hearing Friday on whether it can continue detaining him during immigration proceedings.

(1) https://www.documentcloud.org/documents/25894225-dhs-documents-mahmoud-khalil/#document/p1

(2) https://apnews.com/article/mahmoud-khalil-immigration-trump-deportation-gaza-columbia-1f5c87bd6b7193610e76490ac9bc710b

Read more: https://apnews.com/article/mahmoud-khalil-columbia-university-trump-c60738368171289ae43177660def8d34

---

At Litigation Tracker, this is Mahmoud Khalil v. William P. Joyce et al. (D.N.J.)
Case no. 2:25-cv-01963 (formerly S.D.N.Y. Case No. 1:25-cv-01935)

https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/
----------------------------------
Hat tip, Aaron Reichlin-Melnick at Bluesky.

Aaron Reichlin-Melnick
@reichlinmelnick.bsky.social‬
https://bsky.app/profile/reichlinmelnick.bsky.social‪

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Wow. This is the full document submitted by Rubio against Mr. Khalil invoking INA 237(a)(4)(C).

The standard in immigration court is extremely deferential; a judge must accept this so long as it is "facially reasonable and bona fide." But this is so threadbare that it might not even satisfy that.

April 10, 2025 at 2:37 PM

https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lmi5l4xubs2i


Adil Haque
‪@adhaque.bsky.social‬
https://bsky.app/profile/adhaque.bsky.social

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"The two-page memo, which was obtained by The Associated Press, does not allege any criminal conduct by Khalil"

"Rather, Rubio wrote Khalil could be expelled for his beliefs."

Free this man immediately.

https://apnews.com/article/mahmoud-khalil-columbia-university-trump-c60738368171289ae43177660def8d34

Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs
The U.S. government has submitted a two-page memo from Secretary of State Marco Rubio as its main evidence in its deportation case against Columbia University activist Mahmoud Khalil.
apnews.com
April 10, 2025 at 2:13 PM

https://bsky.app/profile/adhaque.bsky.social/post/3lmi47fk7lk2t

[cachukis]

1. Seriously?

[mahatmakanejeeves]

2. Read 'em and weep.

https://www.documentcloud.org/documents/25894225-dhs-documents-mahmoud-khalil/#document/p1

Under INA section 237(a)(4)(C)(ii), for cases in which the basis for this determination is the alien's past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien's presence or activities would compromise a compelling U.S. foreign policy interest.

[ShazzieB]

6. Translation: "Due process? We don't need no stinkin' due process!"

[erronis]

9. "...basis for this determination is the alien's past, current, or expected beliefs, statements, or associations..."

This particular phrase "expected beliefs" leaps out.

Expect by whom? Is this the prosecution's right to determine how somebody might prospectively believe?

Can we charge babes in swaddling to be extradited because then might someday think that all genders should have equal rights? (As one example.)

[progressoid]

10. Yep, that leapt out to me as well.

[gopiscrap]

41. sane here

[regnaD kciN]

29. Obviously, if "beliefs" (including "expected" ones)...

…are grounds for deporting a green-card holder, they’re also grounds for renditioning citizens.

Participation in this forum, or even this thread, would be sufficient to land each and every one of us in CECOT.

[cachukis]

15. Did not know. Thanks.

[Thunderbeast]

28. Expected beliefs that compromise US Foreign Policy?

George Orwell couldn't make this shit up!

[tulipsandroses]

31. Yeah but how does 1 student protesting compromise US foreign policy? Do the nazis marching around yelling Jews will

not replace us compromise US foreign policy?
How does Rubio make this argument that a lone student compromises US foreign policy? How So? Especially when there is no crackdown on Nazis. I know they are hypocritical so I don't expect a coherent argument about why there is no crackdown for Nazis. But I am interested in the legal argument that a lone student somehow compromises US foreign policy interests.

[cachukis]

34. Guess I have to read that section.

[Volaris]

47. In that case, maybe the court should subpoena LilMarco to testify,

in open court and under cross. Yaknow, so he can tell us personally, in his own words, what 'compelling foreign policy interest' is involved here.

[flashman13]

27. I'm with you. Seriously! Why do I think the judge is going to call bull shit on Rubio's pernouncement?

[LetMyPeopleVote]

3. All persons have rights under the First Amendment

You cannot deport someone for exercising their First Amendment rights

[Shipwack]

5. 1st Amendment rights are a gray area...

when it involves Israel.

There are some state laws that prohibit you from even asking if a product is made in Israel.

[Orrex]

24. That's fucking asinine

I believe you, but it’s fucking asinine

[lonely bird]

21. Oh

You sweet, Summer child.

Yes, you can…now.

Enough people voting wanted a return to White man rule that they accepted a convicted felon who lies as he breathes. A man who only cares about himself.

[cachukis]

33. Rich.

[dchill]

4. Anyone espousing that belief belongs in lockup.

In El Salvador.

[Iamscrewed]

8. Tyranny

Who's next because of their intent to adulterate the constitution to suit their wants?

[iemanja]

23. Please clarify

Are you talking about Khalil?

[dchill]

36. "...government cites its power to deport people for beliefs..."

Clear?

[dchill]

37. Dupe.

[Figarosmom]

7. These guys are beginning to sound more and more like

Putin and his fake " fight" against anti-Semitism.

[Pinback]

32. They care about anti-semitism like they care about

girls’ sports and the vanishingly small number of trans female athletes. It’s nothing but a cudgel for most of them.

[Figarosmom]

35. Its an excuse to curtail

Free speech and perpetrate violence.

[tableturner]

11. This, from an administration full of Jew hating white nationalists & a president who dines with neo-Nazis!

[erronis]

14. It's all a head fake.

https://en.wikipedia.org/wiki/Head_fake

In sports, a head fake is a type of feint in which someone moves the head to fake an intended change in direction and thereby deceive opponents.[1]

The term originated in sports, but it has become applied metaphorically in other senses. In financial markets, a "head fake" refers to a time when the market appears to be moving in one direction, but ends up moving in the opposite direction.[2] For example, the price of a stock may initially move up, and all indications are that it will continue to move up, but shortly afterward, it reverses direction and starts moving down.

[GreenWave]

26. Yep. It's like the fox guarding the hen house.

[maxsolomon]

12. This is what I've asking about. It appears that you can be expelled

simply on the the SoS' subjective opinion of your "beliefs".

Khalil is gone.

[Buns_of_Fire]

13. Thoughtcrime? Doubleplusungood. nt

[LiberalArkie]

22. Thought crime like in believing in Democracy?

[SomewhereInTheMiddle]

46. The President seems to have judicial immunity...

the rest of the executive branch does not. Find the lawyer who did not deliver the judges demand in contempt. If necessary, take it all the way to the Cabinet level. Just leave the Old Man out of it.

Jail all the executive branch except the top and see where it goes.

I have a dream ...

[neohippie]

17. Protesting Human Rights abuses is not antisemitic

Speaking out against policies and actions carried out by a government is not antisemitic

[barbtries]

18. we're circling the drain.

i'm horrified over and over and over at what is going on.

[SSJVegeta]

19. Indefinite detention is NOT deportation/ expulsion!!

The government would have to actually expel them if it thinks it has a right to do so (a doubtful pretense), and they aren't even doing that. In the meantime billions in taxpayer money is being used to house people that the government supposedly thinks shouldn't be in the country.

[iemanja]

25. What to you think they are trying to do?

Deportation is the purpose of the hearing.

[SSJVegeta]

39. I think the admin is trying to hold him indefinitely

Under the most inhumane conditions it can get away with as a statement to anybody else who wants to defy them. We will see more of it in the near future. I wouldnt be surprised if the admin is likely trying to send him to the El Salvador prison. I dalso don't think the hearing will make a lick of difference in what the administration decides, either. So far they seem to have been getting away with blatantly defying judges orders.

[iemanja]

40. Think what you like

But this was a deportation hearing.

[SSJVegeta]

43. They called the kidnappings to el salvador "deportations" too

Last edited Fri Apr 11, 2025, 02:08 AM - Edit history (1)

I just hope he is either actually deported or released consistent with his constitutional right to a speedy trial only after his right to free speech and due process was completely violated.

[BurnDoubt]

20. Protecting Jewish students... from harassment and violence in the United States...

As illustrated by all the right-wing militias being targeted and prosecuted for their hate-speech, intimidation and violence. What percentage do you suppose among the "patriots" assailing Congress on J6 were there protesting Anti-Semitism? Rubio's just another Shit-Stick... stirring, stirring until the stink is unbearable. Little MarKKKo, how did you get to be such a BIG ASSHOLE?????

[GiqueCee]

30. Just when you think...

... these vile, sub-human Republican bags of manure couldn't sink any lower.

[Solly Mack]

38. I guess this means Trump will be deporting those who chanted "Jews will not replace us" in Charlottesville, yes?

Yeah, didn't think so.

White supremacists are safe with Trump.

[LudwigPastorius]

42. The Constitution and the Bill of Rights applies to "the people", not to "citizens".

[BidenRocks]

44. They just make this shit up,

as they go along.
No basis in anything besides bullshit.

[tornado34jh]

45. That is a very weak argument, based on what foreign policy?

So does that mean that if this government supports Russia and people protest this that they will somehow be "damaging to US foreign policy?" That is the excuse? I mean, are they basically saying that anybody who criticizes their foreign policy could be considered a danger? I hardly think that Mahmoud Khalil would be considered a dangerous person compared to other people here in the US. Honestly, I am more worried about right-wing violence if anything.