Judge Denies Trump Admin’s Request To Move Khalil Case

Note with request denied message pinned up

A federal judge has denied the Trump administration’s second attempt to transfer Palestinian activist Mahmoud Khalil’s deportation case to Louisiana, keeping the legal battle in New Jersey courts.

Key Takeaways

  • U.S. District Judge Michael Farbiarz ruled that Khalil’s case must remain in New Jersey, where he was initially detained, despite government efforts to move proceedings to the more conservative 5th Circuit Court jurisdiction in Louisiana.
  • The Trump administration is attempting to deport Khalil, a Columbia University graduate student and legal U.S. resident, under a rarely invoked statute claiming his presence poses “serious adverse foreign policy consequences.”
  • Khalil’s lawyers argue the deportation attempt is unconstitutional retaliation for his participation in pro-Palestinian campus protests against the Israel-Hamas war.
  • While this ruling addresses only the jurisdictional question, it allows Khalil’s legal team to present arguments for his release in New Jersey as his wife expects their child on April 28.
  • This case represents an early test of the Trump administration’s broader efforts to deport non-citizen activists involved in protests against U.S. military support for Israel.

Judge Rejects Administration’s Jurisdiction Argument

U.S. District Judge Michael Farbiarz has ruled that Palestinian activist Mahmoud Khalil’s deportation challenge can proceed in New Jersey courts, rebuffing the Trump administration’s second attempt to move the case to Louisiana. The decision hinged on Khalil’s location at the time his legal petition was filed. “As filed on March 9 at 4:40am, can go forward in New Jersey because that is where the Petitioner was confined at that moment,” Judge Farbiarz wrote in his ruling, finding the government’s arguments for transfer “unpersuasive.”

The administration had sought to transfer the case to Louisiana, where Khalil is currently detained, which would place it under the jurisdiction of the conservative 5th U.S. Circuit Court of Appeals. Government attorneys argued the move was necessary “for jurisdictional certainty,” but Khalil’s legal team countered that this was a strategic maneuver to limit their client’s legal options. Judge Farbiarz’s ruling explicitly stated, “The Court’s jurisdiction is not defeated by the Petitioner having been moved to Louisiana.”

Deportation Attempt Labeled as Political Retaliation

Khalil, a Columbia University graduate student and legal U.S. resident with a green card, was initially detained in New York before being transferred to facilities in New Jersey and ultimately Louisiana. His arrest marks the first under the Trump administration’s crackdown on student protesters involved in campus demonstrations against Israel. The administration is using a rarely invoked immigration statute allowing deportation if a non-citizen’s “presence or activities” are deemed to have “serious adverse foreign policy consequences.”

Khalil’s legal team argues that his deportation proceedings represent political retaliation for his participation in protests against the Israel-Hamas war. They claim the administration is targeting individuals based on political views rather than legitimate security concerns. The case has implications for other foreign students whose visas have been revoked for similar protest involvement, as it challenges the administration’s authority to deport residents for political expression.

Family Impact and Next Steps

While the ruling addresses only the jurisdictional dispute, it allows Khalil’s attorneys to present arguments for his release in a more favorable venue. His wife, Dr. Noor Abdalla, who is expecting their child on April 28, expressed cautious optimism after the decision, calling it an “important step towards securing Mahmoud’s freedom.”

Khalil’s legal team has requested his immediate release from the Louisiana detention facility to allow him to be with his wife for their child’s birth. The merits of Khalil’s case against deportation remain to be argued, with his attorneys preparing to challenge the constitutionality of using immigration law to target political activism. The case continues to draw attention as an early test of the Trump administration’s approach to handling protests against U.S. foreign policy, particularly regarding Middle East conflicts and support for Israel.

Sources:

  1. US judge rejects Trump team’s bid to move Mahmoud Khalil case to Louisiana | Courts News | Al Jazeera
  2. Mahmoud Khalil’s case will move forward in New Jersey, judge rules – POLITICO
  3. Judge rules Mahmoud Khalil’s deportation case must continue in New Jersey
  4. Judge rejects Trump administration’s bid to move Mahmoud Khalil’s legal case to Louisiana