By REBECCA SANTANA
WASHINGTON (AP) — The arrest of a Palestinian activist who helped arrange campus protests of the conflict in Gaza has sparked questions on whether or not international college students and inexperienced card holders are protected in opposition to being deported from the U.S.
Mahmoud Khalil was arrested Saturday by Immigration and Customs Enforcement brokers. Homeland Safety officers and President Donald Trump have indicated that the arrest was instantly tied to his function within the protests final spring at Columbia College in New York Metropolis.
Khalil is being held at an immigration detention heart in Jena, Louisiana, whereas he awaits immigration courtroom proceedings that would ultimately result in him being deported. His arrest has drawn criticism that he’s being unfairly and unlawfully focused for his activism whereas the federal authorities has basically described him as a terrorist sympathizer.
A have a look at what sort of protections international college students and inexperienced card holders have and what could be subsequent for Khalil:
Can somebody with a inexperienced card be deported?
A inexperienced card holder is somebody who has lawful everlasting residence standing in america.
Jaclyn Kelley-Widmer is a regulation professor at Cornell Legislation College who teaches immigration regulation. She mentioned lawful everlasting residents usually have many protections and “should be the most protected short of a US citizen.”
However that safety isn’t absolute. Inexperienced card holders can nonetheless be deported for committing sure crimes, failing to inform immigration officers of a change in handle or partaking in marriage fraud, for instance.
The Division of Homeland Safety mentioned Khalil was taken into custody on account of Trump’s government orders prohibiting antisemitism.
Trump has argued that protesters forfeited their rights to stay within the nation by supporting the Palestinian group Hamas, which controls Gaza and has been designated as a terrorist group.
Khalil and different scholar leaders of Columbia College Apartheid Divest have rejected claims of antisemitism, saying they’re a part of a broader anti-war motion that additionally contains Jewish college students and teams. However the protest coalition, at instances, has additionally voiced assist for leaders of Hamas and Hezbollah, one other Islamist group designated by the U.S. as a terrorist group.
Consultants say that officers appear to point with their rhetoric that they’re making an attempt to deport Khalil on the grounds that he’s partaking in some form of terrorist exercise or by some means poses a menace.
Khalil has not been convicted of any terrorist-related exercise. In truth, he has not been charged with any wrongdoing.
However consultants say the federal authorities has pretty broad authority to arrest and attempt to deport a inexperienced card holder on terrorism grounds.
Beneath the Immigration and Nationality Act, inexperienced card holders don’t should be convicted of one thing to be “removable,” Kelley-Widmer mentioned. They might be deported if the secretary of homeland safety or the legal professional normal have cheap grounds to imagine they engaged in, or are prone to have interaction in, terrorist actions, she mentioned.
However Kelley-Widmer mentioned she’s by no means seen a case the place the alleged terrorist exercise occurred within the U.S., and he or she questioned whether or not participating in protests as Khalil did qualifies.
What did ICE say about why they have been arresting him?
One of many key points in Khalil’s case is what ICE brokers mentioned to his lawyer on the time he was arrested.
His lawyer, Amy Greer, mentioned the brokers who took him into custody at his university-owned house close to Columbia initially claimed to be performing on a State Division order to revoke his scholar visa.
However when Greer knowledgeable them that Khalil was a everlasting resident with a inexperienced card, they mentioned they might revoke that documentation as a substitute.
Kelley-Widmer mentioned that trade raises questions on how acquainted the brokers who arrested him have been with the regulation or whether or not there was a “real disregard for the rule of law.”
“I think we should be really concerned that this is happening,” she mentioned.
What are the following steps in his case?
Secretary of State Marco Rubio mentioned in a message posted Sunday on X that the administration shall be “revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”
If somebody is within the nation on a scholar visa, the State Division does have authority to revoke it if the particular person violates sure situations. For instance, mentioned Florida immigration legal professional John Gihon, it’s fairly widespread for the State Division to cancel visas of international college students who get arrested for drunk driving.
However relating to somebody who’s a lawful everlasting resident, that usually requires an immigration decide to find out whether or not they are often deported.
Gihon mentioned the following step is that Khalil would obtain charging paperwork explaining why he’s being detained and why the federal government desires to take away him, in addition to a discover to seem in immigration courtroom.
Usually, he ought to obtain these inside 72 hours of being arrested, after which he would make an preliminary look earlier than an immigration decide. That would take from 10 days to a month, Gihon mentioned.
However he cautioned that proper now he’s seeing intensive delays throughout the immigration courtroom system, with purchasers typically moved across the nation to completely different services.
“We are having people who are detained and then they’re bounced around to multiple different detention facilities. And then sometimes they’re transferred across the country,” he mentioned.
Khalil’s attorneys have additionally filed a lawsuit difficult his detention. A federal decide in New York Metropolis ordered that Khalil not be deported whereas the courtroom thought of his case. A listening to is scheduled for Wednesday.
Initially Revealed: March 11, 2025 at 10:54 AM PDT
