On April 11, 2025, an immigration judge in Louisiana ruled that Mahmoud Khalil is removable under U.S. immigration law. The decision came immediately after the hearing, with Khalil not yet scheduled for deportation. The ruling was made with the support of a letter from Secretary of State Marco Rubio, which stated Khalil had not committed any crime but was targeted based on his speech.
During the hearing, Khalil addressed the court: “I would like to quote what you said last time, that there's nothing that's more important to this court than due process rights and fundamental fairness. Clearly what we witnessed today, neither of these principles were present today or in this whole process."
Khalil's legal team, led by Marc van der Hout of Van Der Hout, LLP, condemned the decision. Van der Hout stated, "Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponization of immigration law to suppress dissent. This is not over, and our fight continues.”
Mr. Khalil’s federal habeas case, currently in the U.S. District Court for the District of New Jersey, will proceed. On Friday, Judge Michael E. Farbiarz ordered an immediate update report from both parties. The legal team seeks bail and a preliminary injunction for Khalil’s release to reunite with his family in New York, challenging President Trump’s policy of detaining noncitizens for First Amendment protected activities.
Khalil was arrested on March 8, 2025, by the Trump administration in retaliation for advocating Palestinian rights. He was subsequently transferred to a detention facility in Louisiana, far from his family. His legal team argues that his detention violates constitutional rights, including free speech and due process.
Members of Khalil’s legal representation include Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the NYCLU, the ACLU of New Jersey, and the ACLU.
Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project, stated, “The fight to bring Mahmoud home is far from over. We will continue undeterred to press for his release after this startling escalation of the Trump administration’s war on dissent.”
Amy Greer, associate attorney at Dratel & Lewis, expressed concern: “This is egregious overreach by the US government. Every single person in this country has the right to speak out against issues that matter to them.”
Amol Sinha, Executive Director of the ACLU-NJ, criticized the ruling as “a rush to judgement on baseless charges.” Sinha added, “We will continue to advocate for Mr. Khalil’s rightful release, and we are confident he will prevail.”
Donna Lieberman, Executive Director of the NYCLU, noted, “The determination today simply rubber-stamped the Trump Administration’s efforts to punish speech that they disagree with and did not address the clear constitutional concerns raised.”
Diala Shamas, Senior Staff Attorney at the Center for Constitutional Rights, remarked, “We will continue to stand alongside Mahmoud in his fight to come home to Noor, and in his determination to keep speaking out for Palestinian freedom. This is just the beginning.”
Further details on Mr. Khalil's case are available publicly.
