Arrest of Palestinian Activist Raises Concerns Over Immigration Protections in the USA

WASHINGTON — The arrest of Mahmoud Khalil, a Palestinian activist known for organizing campus protests concerning the war in Gaza, has ignited discussions about the immigration protections available to foreign students and green card holders in the USA.

Khalil was apprehended on Saturday by Immigration and Customs Enforcement (ICE) agents. Officials from Homeland Security, along with President Donald Trump, have suggested that his arrest is directly linked to his involvement in protests held last spring at Columbia University in New York City.

Currently, Khalil is being detained at an immigration center in Jena, Louisiana, awaiting court proceedings that could potentially lead to his deportation. His detention has prompted criticism, with many arguing that he is being unfairly targeted for his activism, while the government has labeled him a terrorist sympathizer.

Understanding Deportation Risks for Green Card Holders

So, can someone with a green card be deported? A green card holder is defined as an individual with lawful permanent residence status in the United States. Jaclyn Kelley-Widmer, an immigration law professor at Cornell Law School, explains that lawful permanent residents generally enjoy significant protections and are nearly as secure as U.S. citizens. However, these protections are not absolute. Green card holders can be deported for specific offenses, such as committing certain crimes, failing to notify immigration officials of a change in address, or engaging in marriage fraud.

The Department of Homeland Security has indicated that Khalil’s arrest was made in accordance with Trump’s executive orders aimed at prohibiting antisemitism. Trump has asserted that protesters lose their right to remain in the country by supporting Hamas, the Palestinian group that governs Gaza and is designated as a terrorist organization by the USA.

Khalil and fellow leaders of Columbia University’s Apartheid Divest movement have denied allegations of antisemitism, asserting that they are part of a broader anti-war initiative that includes Jewish students and organizations. However, the protest coalition has, at times, expressed support for Hamas and Hezbollah, both of which are recognized as terrorist groups by the U.S.

It is important to note that Khalil has not been convicted of any terrorist-related crimes nor charged with any offenses. Nevertheless, legal experts suggest that the federal government possesses considerable authority to detain and seek the deportation of a green card holder on terrorism-related grounds. According to the Immigration and Nationality Act, individuals with green cards can be deemed ‘removable’ without needing to be convicted of a crime, if there are reasonable grounds to suspect their involvement in or likelihood of engaging in terrorist activities.

Details Surrounding Khalil’s Arrest

One of the pivotal issues in Khalil’s case revolves around the statements made by ICE agents during his arrest. His attorney, Amy Greer, recounted that the agents initially claimed to be executing a State Department order to revoke Khalil’s student visa. However, once informed that he was a permanent resident, they shifted their narrative, stating they would proceed to revoke his green card instead.

Next Steps in Khalil’s Immigration Case

Secretary of State Marco Rubio announced on social media that the administration plans to revoke the visas and/or green cards of individuals in the USA who are supporters of Hamas. For those on a student visa, the State Department can indeed revoke it if the individual violates specific conditions. For example, it’s common for the State Department to cancel the visas of foreign students arrested for offenses like drunk driving.

In Khalil’s case, being a lawful permanent resident means that any potential deportation would generally require a determination from an immigration judge. The next phase for Khalil involves receiving charging documents that outline the reasons for his detention and the government’s intent to remove him, in addition to a notice to appear in immigration court. Typically, he should obtain these documents within 72 hours of his arrest and subsequently make an initial appearance before an immigration judge, which could occur within 10 days to a month. However, current delays in the immigration court system might extend this timeframe, with detainees often being transferred to various facilities across the country.

Khalil’s legal team has filed a lawsuit contesting his detention. A federal judge in New York City has ordered that he not be deported while his case is under review, with a hearing scheduled for Wednesday.