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mahatmakanejeeves

(68,277 posts)
Thu Apr 10, 2025, 02:17 PM Apr 2025

Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs

Last edited Thu Apr 10, 2025, 08:49 PM - Edit history (1)

Source: Associated Press

By JAKE OFFENHARTZ
Updated 2:50 PM EDT, April 10, 2025

NEW YORK (AP) -- Facing a deadline from an immigration judge to turn over evidence for its attempted deportation of Columbia University activist Mahmoud Khalil, the federal government has instead submitted a brief memo, signed by Secretary of State Marco Rubio, citing the Trump administration's authority to expel noncitizens whose presence in the country damages U.S. foreign policy interests.

The two-page memo, (1) which was obtained by The Associated Press, does not allege any criminal conduct by Khalil, a legal permanent U.S. resident and graduate student who served as spokesperson for campus activists last year during large demonstrations against Israel's treatment of Palestinians and the war in Gaza. ... Rather, Rubio wrote Khalil could be expelled for his beliefs.

He said that while Khalil's activities were "otherwise lawful," letting him remain in the country would undermine "U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States."

{snip}

The submission was filed Wednesday after Judge Jamee Comans ordered the government to produce its evidence (2) against Khalil ahead of a hearing Friday on whether it can continue detaining him during immigration proceedings.

(1) https://www.documentcloud.org/documents/25894225-dhs-documents-mahmoud-khalil/#document/p1

(2) https://apnews.com/article/mahmoud-khalil-immigration-trump-deportation-gaza-columbia-1f5c87bd6b7193610e76490ac9bc710b

Read more: https://apnews.com/article/mahmoud-khalil-columbia-university-trump-c60738368171289ae43177660def8d34



At Litigation Tracker, this is Mahmoud Khalil v. William P. Joyce et al. (D.N.J.)
Case no. 2:25-cv-01963 (formerly S.D.N.Y. Case No. 1:25-cv-01935)

https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/
----------------------------------
Hat tip, Aaron Reichlin-Melnick at Bluesky.

Aaron Reichlin-Melnick
@reichlinmelnick.bsky.social‬
https://bsky.app/profile/reichlinmelnick.bsky.social‪

Follow
Wow. This is the full document submitted by Rubio against Mr. Khalil invoking INA 237(a)(4)(C).

The standard in immigration court is extremely deferential; a judge must accept this so long as it is "facially reasonable and bona fide." But this is so threadbare that it might not even satisfy that.

April 10, 2025 at 2:37 PM

Wow. This is the full document submitted by Rubio against Mr. Khalil invoking INA 237(a)(4)(C).

The standard in immigration court is extremely deferential; a judge must accept this so long as it is “facially reasonable and bona fide.” But this is so threadbare that it might not even satisfy that.

Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-04-10T18:37:52.701Z



Adil Haque
‪@adhaque.bsky.social‬
https://bsky.app/profile/adhaque.bsky.social

Follow
"The two-page memo, which was obtained by The Associated Press, does not allege any criminal conduct by Khalil"

"Rather, Rubio wrote Khalil could be expelled for his beliefs."

Free this man immediately.

https://apnews.com/article/mahmoud-khalil-columbia-university-trump-c60738368171289ae43177660def8d34

Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs
The U.S. government has submitted a two-page memo from Secretary of State Marco Rubio as its main evidence in its deportation case against Columbia University activist Mahmoud Khalil.
apnews.com
April 10, 2025 at 2:13 PM

"The two-page memo, which was obtained by The Associated Press, does not allege any criminal conduct by Khalil"

"Rather, Rubio wrote Khalil could be expelled for his beliefs."

Free this man immediately.

apnews.com/article/mahm...

Adil Haque (@adhaque.bsky.social) 2025-04-10T18:13:25.310Z
47 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs (Original Post) mahatmakanejeeves Apr 2025 OP
Seriously? cachukis Apr 2025 #1
Read 'em and weep. mahatmakanejeeves Apr 2025 #2
Translation: "Due process? We don't need no stinkin' due process!" ShazzieB Apr 2025 #6
"...basis for this determination is the alien's past, current, or expected beliefs, statements, or associations..." erronis Apr 2025 #9
Yep, that leapt out to me as well. progressoid Apr 2025 #10
sane here gopiscrap Apr 2025 #41
Obviously, if "beliefs" (including "expected" ones)... regnaD kciN Apr 2025 #29
Did not know. Thanks. cachukis Apr 2025 #15
Expected beliefs that compromise US Foreign Policy? Thunderbeast Apr 2025 #28
Yeah but how does 1 student protesting compromise US foreign policy? Do the nazis marching around yelling Jews will tulipsandroses Apr 2025 #31
Guess I have to read that section. cachukis Apr 2025 #34
In that case, maybe the court should subpoena LilMarco to testify, Volaris Apr 2025 #47
I'm with you. Seriously! Why do I think the judge is going to call bull shit on Rubio's pernouncement? flashman13 Apr 2025 #27
All persons have rights under the First Amendment LetMyPeopleVote Apr 2025 #3
1st Amendment rights are a gray area... Shipwack Apr 2025 #5
That's fucking asinine Orrex Apr 2025 #24
Oh lonely bird Apr 2025 #21
Rich. cachukis Apr 2025 #33
Anyone espousing that belief belongs in lockup. dchill Apr 2025 #4
Tyranny Iamscrewed Apr 2025 #8
Please clarify iemanja Apr 2025 #23
"...government cites its power to deport people for beliefs..." dchill Apr 2025 #36
Dupe. dchill Apr 2025 #37
These guys are beginning to sound more and more like Figarosmom Apr 2025 #7
They care about anti-semitism like they care about Pinback Apr 2025 #32
Its an excuse to curtail Figarosmom Apr 2025 #35
This, from an administration full of Jew hating white nationalists & a president who dines with neo-Nazis! tableturner Apr 2025 #11
It's all a head fake. erronis Apr 2025 #14
Yep. It's like the fox guarding the hen house. GreenWave Apr 2025 #26
This is what I've asking about. It appears that you can be expelled maxsolomon Apr 2025 #12
Thoughtcrime? Doubleplusungood. nt Buns_of_Fire Apr 2025 #13
Thought crime like in believing in Democracy? LiberalArkie Apr 2025 #22
This message was self-deleted by its author Daleuhlmann Apr 2025 #16
The President seems to have judicial immunity... SomewhereInTheMiddle Apr 2025 #46
Protesting Human Rights abuses is not antisemitic neohippie Apr 2025 #17
we're circling the drain. barbtries Apr 2025 #18
Indefinite detention is NOT deportation/ expulsion!! SSJVegeta Apr 2025 #19
What to you think they are trying to do? iemanja Apr 2025 #25
I think the admin is trying to hold him indefinitely SSJVegeta Apr 2025 #39
Think what you like iemanja Apr 2025 #40
They called the kidnappings to el salvador "deportations" too SSJVegeta Apr 2025 #43
Protecting Jewish students... from harassment and violence in the United States... BurnDoubt Apr 2025 #20
Just when you think... GiqueCee Apr 2025 #30
I guess this means Trump will be deporting those who chanted "Jews will not replace us" in Charlottesville, yes? Solly Mack Apr 2025 #38
The Constitution and the Bill of Rights applies to "the people", not to "citizens". LudwigPastorius Apr 2025 #42
They just make this shit up, BidenRocks Apr 2025 #44
That is a very weak argument, based on what foreign policy? tornado34jh Apr 2025 #45

mahatmakanejeeves

(68,277 posts)
2. Read 'em and weep.
Thu Apr 10, 2025, 02:29 PM
Apr 2025
https://www.documentcloud.org/documents/25894225-dhs-documents-mahmoud-khalil/#document/p1

Under INA section 237(a)(4)(C)(ii), for cases in which the basis for this determination is the alien's past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien's presence or activities would compromise a compelling U.S. foreign policy interest.

erronis

(22,692 posts)
9. "...basis for this determination is the alien's past, current, or expected beliefs, statements, or associations..."
Thu Apr 10, 2025, 03:28 PM
Apr 2025

This particular phrase "expected beliefs" leaps out.

Expect by whom? Is this the prosecution's right to determine how somebody might prospectively believe?

Can we charge babes in swaddling to be extradited because then might someday think that all genders should have equal rights? (As one example.)

regnaD kciN

(27,477 posts)
29. Obviously, if "beliefs" (including "expected" ones)...
Thu Apr 10, 2025, 05:13 PM
Apr 2025

…are grounds for deporting a green-card holder, they’re also grounds for renditioning citizens.

Participation in this forum, or even this thread, would be sufficient to land each and every one of us in CECOT.

tulipsandroses

(8,131 posts)
31. Yeah but how does 1 student protesting compromise US foreign policy? Do the nazis marching around yelling Jews will
Thu Apr 10, 2025, 05:18 PM
Apr 2025

not replace us compromise US foreign policy?
How does Rubio make this argument that a lone student compromises US foreign policy? How So? Especially when there is no crackdown on Nazis. I know they are hypocritical so I don't expect a coherent argument about why there is no crackdown for Nazis. But I am interested in the legal argument that a lone student somehow compromises US foreign policy interests.

Volaris

(11,405 posts)
47. In that case, maybe the court should subpoena LilMarco to testify,
Fri Apr 11, 2025, 07:38 AM
Apr 2025

in open court and under cross. Yaknow, so he can tell us personally, in his own words, what 'compelling foreign policy interest' is involved here.

flashman13

(2,045 posts)
27. I'm with you. Seriously! Why do I think the judge is going to call bull shit on Rubio's pernouncement?
Thu Apr 10, 2025, 05:08 PM
Apr 2025

LetMyPeopleVote

(175,054 posts)
3. All persons have rights under the First Amendment
Thu Apr 10, 2025, 02:52 PM
Apr 2025

You cannot deport someone for exercising their First Amendment rights

Shipwack

(3,001 posts)
5. 1st Amendment rights are a gray area...
Thu Apr 10, 2025, 03:03 PM
Apr 2025

when it involves Israel.

There are some state laws that prohibit you from even asking if a product is made in Israel.

lonely bird

(2,778 posts)
21. Oh
Thu Apr 10, 2025, 04:36 PM
Apr 2025

You sweet, Summer child.

Yes, you can…now.

Enough people voting wanted a return to White man rule that they accepted a convicted felon who lies as he breathes. A man who only cares about himself.

Iamscrewed

(486 posts)
8. Tyranny
Thu Apr 10, 2025, 03:19 PM
Apr 2025

Who's next because of their intent to adulterate the constitution to suit their wants?

Figarosmom

(9,790 posts)
7. These guys are beginning to sound more and more like
Thu Apr 10, 2025, 03:18 PM
Apr 2025

Putin and his fake " fight" against anti-Semitism.

Pinback

(13,505 posts)
32. They care about anti-semitism like they care about
Thu Apr 10, 2025, 05:38 PM
Apr 2025

girls’ sports and the vanishingly small number of trans female athletes. It’s nothing but a cudgel for most of them.

tableturner

(1,815 posts)
11. This, from an administration full of Jew hating white nationalists & a president who dines with neo-Nazis!
Thu Apr 10, 2025, 03:36 PM
Apr 2025

erronis

(22,692 posts)
14. It's all a head fake.
Thu Apr 10, 2025, 03:45 PM
Apr 2025
https://en.wikipedia.org/wiki/Head_fake

In sports, a head fake is a type of feint in which someone moves the head to fake an intended change in direction and thereby deceive opponents.[1]

The term originated in sports, but it has become applied metaphorically in other senses. In financial markets, a "head fake" refers to a time when the market appears to be moving in one direction, but ends up moving in the opposite direction.[2] For example, the price of a stock may initially move up, and all indications are that it will continue to move up, but shortly afterward, it reverses direction and starts moving down.

maxsolomon

(38,206 posts)
12. This is what I've asking about. It appears that you can be expelled
Thu Apr 10, 2025, 03:37 PM
Apr 2025

simply on the the SoS' subjective opinion of your "beliefs".

Khalil is gone.

Response to mahatmakanejeeves (Original post)

46. The President seems to have judicial immunity...
Fri Apr 11, 2025, 05:28 AM
Apr 2025

the rest of the executive branch does not. Find the lawyer who did not deliver the judges demand in contempt. If necessary, take it all the way to the Cabinet level. Just leave the Old Man out of it.

Jail all the executive branch except the top and see where it goes.

I have a dream ...

neohippie

(1,258 posts)
17. Protesting Human Rights abuses is not antisemitic
Thu Apr 10, 2025, 03:55 PM
Apr 2025

Speaking out against policies and actions carried out by a government is not antisemitic

SSJVegeta

(2,346 posts)
19. Indefinite detention is NOT deportation/ expulsion!!
Thu Apr 10, 2025, 04:19 PM
Apr 2025

The government would have to actually expel them if it thinks it has a right to do so (a doubtful pretense), and they aren't even doing that. In the meantime billions in taxpayer money is being used to house people that the government supposedly thinks shouldn't be in the country.

SSJVegeta

(2,346 posts)
39. I think the admin is trying to hold him indefinitely
Thu Apr 10, 2025, 09:08 PM
Apr 2025

Under the most inhumane conditions it can get away with as a statement to anybody else who wants to defy them. We will see more of it in the near future. I wouldnt be surprised if the admin is likely trying to send him to the El Salvador prison. I dalso don't think the hearing will make a lick of difference in what the administration decides, either. So far they seem to have been getting away with blatantly defying judges orders.

SSJVegeta

(2,346 posts)
43. They called the kidnappings to el salvador "deportations" too
Thu Apr 10, 2025, 10:20 PM
Apr 2025

Last edited Fri Apr 11, 2025, 01:08 AM - Edit history (1)

I just hope he is either actually deported or released consistent with his constitutional right to a speedy trial only after his right to free speech and due process was completely violated.

BurnDoubt

(1,488 posts)
20. Protecting Jewish students... from harassment and violence in the United States...
Thu Apr 10, 2025, 04:24 PM
Apr 2025

As illustrated by all the right-wing militias being targeted and prosecuted for their hate-speech, intimidation and violence. What percentage do you suppose among the "patriots" assailing Congress on J6 were there protesting Anti-Semitism? Rubio's just another Shit-Stick... stirring, stirring until the stink is unbearable. Little MarKKKo, how did you get to be such a BIG ASSHOLE?????

GiqueCee

(3,425 posts)
30. Just when you think...
Thu Apr 10, 2025, 05:15 PM
Apr 2025

... these vile, sub-human Republican bags of manure couldn't sink any lower.

Solly Mack

(96,374 posts)
38. I guess this means Trump will be deporting those who chanted "Jews will not replace us" in Charlottesville, yes?
Thu Apr 10, 2025, 09:02 PM
Apr 2025

Yeah, didn't think so.

White supremacists are safe with Trump.

tornado34jh

(1,521 posts)
45. That is a very weak argument, based on what foreign policy?
Thu Apr 10, 2025, 10:32 PM
Apr 2025

So does that mean that if this government supports Russia and people protest this that they will somehow be "damaging to US foreign policy?" That is the excuse? I mean, are they basically saying that anybody who criticizes their foreign policy could be considered a danger? I hardly think that Mahmoud Khalil would be considered a dangerous person compared to other people here in the US. Honestly, I am more worried about right-wing violence if anything.

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