A federal ruling has allowed the continued detention of Mahmoud Khalil, a Palestinian graduate of Columbia University, based on claims of misrepresentation on his residency application.
Despite an earlier dismissal of detention on foreign policy grounds, the court upheld a secondary claim for Khalil’s continued detention while his legal proceedings unfold, as USA Today reports.
On June 11, U.S. District Judge Michael Farbiarz ruled against Secretary of State Marco Rubio’s assertion that Mahmoud Khalil posed threats to U.S. foreign policy. Khalil, a green card holder and spouse to an American citizen, was not thought to present a danger on foreign policy fronts, the judge determined.
Judge weights separate DOJ claim
However, on June 13, the situation shifted when the Justice Department introduced a separate claim. The DOJ argued that Khalil could be detained under a federal immigration law due to alleged inaccuracies in his permanent residency form. Judge Farbiarz sided with this reasoning, permitting Khalil’s ongoing detention.
Khalil, a resident of New York City, was apprehended by immigration officers on March 8 in the lobby of his apartment building in Manhattan. Since that time, he has been held in a detention facility located in Louisiana.
Initially, Khalil’s legal team believed he would be released by June 13. They argued this was due to the government not meeting a required morning appeal deadline. However, the Justice Department’s new claim of misrepresentation on his residency form thwarted those hopes.
Khalil’s history emerges
Khalil, at 30 years old, maintains a clear criminal record but has engaged in advocacy as a spokesperson for pro-Palestinian protesters. Judge Farbiarz acknowledged the existence of multiple legal avenues now available to Khalil for seeking his release, such as a bail application with the immigration judge handling his case.
In light of these developments, Amy Greer, Khalil’s lawyer, voiced her dismay. “Instead of celebrating together, he is languishing in ICE detention as punishment for his advocacy on behalf of his fellow Palestinians,” she remarked.
The Department of Justice has advised that Khalil should use administrative procedures rather than seeking decisions from federal courts for his release. Government attorneys have maintained that these processes are the appropriate route for Khalil to potentially secure his freedom.
Communication issues, delays ensue
As of June 12, Immigration and Customs Enforcement (ICE) had yet to provide any release information for Khalil. Communications were being handled through the New Orleans field office, as opposed to directly with Khalil’s legal representatives in New York.
Brian Acuna, an ICE official, reinforced the uncertainty in an email to Khalil’s attorneys by indicating, “no information [that] your client will be released or a time for that.” This illustrates the potential administrative delays in Khalil’s case.
Khalil’s legal team, led by Greer, argued that these government actions aim to extend their client’s detention under the pretense of immigration violations. “These administrative processes are the proper avenues for Khalil to seek release, not having a federal district court hold that the government cannot detain Khalil on a charge that the Court never found to be unlawful,” reflected government lawyers.
Further developments awaited
Despite the legal hurdles, Khalil’s representation remains committed to pursuing his release. They continue to challenge the bureaucratic mechanisms currently delaying Khalil’s freedom and assert that the secondary immigration violation claim is unsubstantiated.
This ongoing situation highlights broader issues related to detention under immigration statutes and the role of advocacy in such proceedings. The developments in Khalil’s case may have implications for individuals facing similar circumstances.
The resolution of Khalil’s future remains uncertain, as court proceedings and administrative processes continue to unfold. His legal team is poised to explore all possible channels to secure his release.
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Author: Mae Slater
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