Mahmoud Khalil’s legal team submitted a brief and dozens of declarations and expert reports under seal late last night to the New Jersey federal court overseeing Mr. Khalil’s case, outlining the “irreparable harm” he and others will continue to suffer as long as he remains illegally detained in Louisiana, thousands of miles away from his family, and until and unless the Rubio Determination is overturned. In addition, Mr. Khalil submitted his own declaration, factually disproving the government’s allegations and highlighting the fact that the government abandoned reliance on the so-called "misrepresentation" allegations in closing arguments in immigration court this week. The redacted versions of the federal filings removing private information were submitted to the court today.
This latest tranche of evidence comes days after federal district court Judge Michael E. Farbiarz issued an opinion ruling that the foreign policy grounds on which Mr. Khalil was targeted, arrested, and detained are likely unconstitutional and therefore that he is likely to succeed on the merits of his argument. The court asked for additional information in order to rule on his outstanding requests for release and for an order enjoining Secretary of State Rubio's Determination while the case remains pending, which is what was submitted last night. The legal team hosted a press briefing this afternoon that can be watched here.
Among the filings:
- Mr. Khalil’s wife, Dr. Noor Abdalla, tells the court about the heartbreak and fear of not having him next to her in the first weeks of their son’s life.
- Students and professors at Columbia and beyond write about the extreme fear and chill on their ability to stand up for Palestinian rights stemming from his arrest and detention.
- A former State Department official declares Mahmoud’s detention for advocacy runs counter to basic democratic values and is the kind of “arbitrary detention” seen in autocratic regimes.
- An expert writes about the stigma and pain from the Islamophobic depictions of Mr. Khalil and his family.
- Legal service providers detail the spike in requests for legal assistance from frightened community members since his arrest.
Mr. Khalil is still waiting for a full and final ruling on the preliminary injunction motion, in addition to his pending motions for release on bail and for him to be returned to New Jersey.
On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, the ACLU of Louisiana, and the American Civil Liberties Union (ACLU).
For all case materials, please see here.
