President Donald Trump's administration has urged a judge to dismiss Columbia University student Mahmoud Khalil's challenge to his immigration arrest, or alternatively move the case out of New York, as the pro-Palestinian activist's lawyers fight for his release.
The case has become a flashpoint for the Republican president's pledge to deport some activists who participated in the wave of protests on U.S. college campuses against Israel's military assault on Gaza following the October 2023 attack by the militant group Hamas.
In a court filing shortly before midnight on Wednesday, Justice Department lawyers told U.S. District Judge Jesse Furman in Manhattan that the U.S. government is seeking Khalil's removal because Secretary of State Marco Rubio has reasonable grounds to believe his activities or presence in the country could have "serious adverse foreign policy consequences."
Khalil, who has not been charged with a crime, is being held in immigration custody in Louisiana after being arrested in New York City on Saturday. Khalil's lawyers have said Trump's administration targeted him for arrest and deportation because of his advocacy in violation of the U.S. Constitution's First Amendment protections for freedom of speech.
Under a provision of the U.S. Immigration and Nationality Act, a law passed in 1952, any immigrants may be deported if the secretary of state deems their presence in the country potentially adverse to American foreign policy. Legal experts have said that provision is rarely invoked, and Khalil's lawyers have said it was not intended to silence dissent.
The Justice Department did not elaborate in its filing on how Khalil could harm U.S. foreign policy objectives. Trump and officials in his administration have, without presenting evidence, accused Khalil of supporting Hamas.
The Justice Department lawyers also said Furman should not have jurisdiction over the case.
Khalil, 30, was arrested outside his university residence in Manhattan but was transferred to an immigration detention facility in New Jersey before his lawyers filed their bid for his release, known as a habeas corpus petition, early on Sunday morning, the Justice Department said. He was later moved to Louisiana.
The Justice Department lawyers said Furman should either dismiss Khalil's habeas corpus petition or transfer it to federal court in Louisiana.
Lawyers for Khalil did not immediately respond to a request for comment on Thursday.
They are due to respond to the Justice Department's motion on Friday, and also are expected to file an updated habeas corpus petition by midnight on Thursday.
Khalil is of Palestinian descent and entered the United States on a student visa in 2022 to pursue a public administration degree at Columbia. He became a prominent member of Columbia's protest movement against Israel's military campaign, married his American citizen wife in 2023, and last year secured lawful permanent U.S. residency, making him a "green card" holder.
In a court hearing on Wednesday, Furman suggested that there might be an exception to the general rule that a habeas corpus petition should be filed in the locale in which an individual is held if the government moves the person around to prevent lawyers from knowing where to file their case. The judge said he was not suggesting those facts apply to Khalil's case.
The Justice Department said in its filing that exception would not apply.
"His detention is not unique in any way," the government wrote.
More than 1,200 people were killed in Israel in the Hamas incursion, in which 251 hostages were taken to Gaza, according to Israeli tallies. Since then, Israel's attacks have killed more than 48,000 Palestinians, according to Gaza health officials.
