Let’s hope this is overturned soon. We must preserve our ability to deport non-citizens.
Mahmoud Khalil was arrested by Immigration and Customs Enforcement at Columbia University over the weekend, despite having a green card, his attorney told ABC News, sparking an outcry from civil rights groups. His attorneys subsequently filed a habeas corpus petition challenging his arrest.
“To preserve the Court’s jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise,” Judge Jesse Furman wrote in a notice ordering a conference for Wednesday morning in the case.
[…]
Khalil’s wife, who is eight months pregnant, released a statement Monday, saying, “For everyone reading this, I urge you to see Mahmoud through my eyes as a loving husband and the future father to our baby. I need your help to bring Mahmoud home, so he is here beside me, holding my hand in the delivery room as we welcome our first child into this world. Please release Mahmoud Now.”
I don’t know about this one. If he is here legally in every way and did nothing illegal worse than something like jaywalking. I would drop this case.
A student who protests in favor of his homeland and people? All public schools/Universities pretty much teach young people that it is good and necessary to protest everything that goes against the lib agenda. The Dems added anti-semitism to their agenda during the last election. Fire the staff at the University before sending a man home who is not breaking the law.
What this story does not mention is if the guy broke any laws. If not, release him. If there is evidence of worse than protesting, get him out.
He’s a foreign national here with legal status subject to limitations of speech and association. If a prosecutor can prove he exceeded those limitations they can press for his deportation. I don’t think they’d make an example of this guy unless they were pretty confident in the eventual legal outcome. He’ll get his day before an immigration judge, but it’s still entirely possible a lib judge will refuse to enforce the law and give this guy a complete pass. On the whole it’s a fight worth having no matter how ugly it becomes. Immigration laws are pointless if the executive and judicial branches refuse to enforce them.
After the lawless Biden years any strict immigration enforcement is going to be an uphill battle. Most media reports completely gloss over WHY this guy got rolled up and instead concentrate on human interest angles. Sobbing wives and wailing babies are an easier sell than policy changes and legal details. It’s going to be an ugly four years.
The “court” of this ruling is the Southern District of New York…
Mahmoud Khalil is being held at a Louisiana detention center, his attorney said.
…which make the SDNY judge’s ruling irrelevant as, per law, a habeas petitioner must file in the district in which the petitioner is being held.
@Mr.T:
Some have called into question the actions of the Trump Administration, pointing out that Khalil isn’t in the U.S. on a student visa. He is married to a U.S. citizen and is a permanent resident alien with a green card.
But, that’s not going to save him from being deported.
Any alien lawfully in the United States is a “guest.” A permanent resident alien with a green card is not a citizen or even a quasi-citizen — they are a guest. Their status allows them to stay indefinitely, unlike an alien in the US on a visa, which limits the amount of time they can remain without returning to their home country.
But a Permanent Resident Alien can make themselves “subject to removal” if they violate immigration laws in any way.
Immigration laws do not apply to citizens — other than specific provisions that make it a crime to harbor or otherwise assist illegal aliens.
But much of the immigration laws deal not with criminal conduct, but rather they deal with the conduct of aliens while in the United States that might make them subject to removal.
8 U.S.C. Sec. 1227 concerns “Deportable Aliens”. Subsection 1227(a)(4) deals with “Security and Related Grounds”.
Sec. 1227(a)4)(B) provides: “Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.”
Sec. 1182 is titled “Inadmissible Aliens” — meaning anyone falling within the definitions of Section 1182 would not be able to gain lawful entry into the United States. Under a parity of reasoning, any alien already in the United States who comes to fall within the provisions of Sec. 1182 is subject to being deported — if he couldn’t have been admitted lawfully, then he’s not entitled to remain even if he managed to enter.
The specific provision cited in the first section defining “Deportable Aliens” is Sec. 1182(a)(3)(B) or (F).
That Subsection (B) is captioned — “Terrorist Activities.”
Included among the definition — as passed by Congress — is the following: “(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.”
The attack on Israel on October 7, 2023, was “terrorist activity.”
Hamas is a “terrorist organization.”
IOW, buhbye.
I haven’t seen any peaceful pro-Palestinian protests yet. All have gone way beyond protected speech. Trespassing, violence, and denying students rightful access to their bought and paid for education are not peaceful acts.
I understand all that and that is why I would like to know exactly what he did. If he marched and chanted he is on par with the vast majority of January sixers much lower on the crime scale than any BLM activist. If he was one of the ones doing the intimidating and blocking of other students, I am for any and all HAMAS supporting Palestinian in the US bring deported for breaking any of MJM’s statutes above.
If he is being targeted for suspected actual terrorist activities, send him back via El AL airlines. If someone needs to be made an example of, I want it to be someone more guilty than marching in a lib run protest. I would rather arrest the lib protest organizers. I hope he is on video as one of the people doing the intimidation and any other of the more violent events on those protest days, that is all I am saying. And that should all be very public already, but I have not read exactly what he is being deported for. If he is only being deported for being at the protests, I think he is a bad example. I think Trump is giving political capital to Dems by going after an unremarkable example.
Rubio’s explanation has been about as succinct as it can possibly be. He’s certainly not keeping anyone in the dark.