Federal immigration authorities didn’t have a warrant for the arrest of Palestinian activist Mahmoud Khalil when he was taken into custody within the foyer of his Columbia College-owned condo constructing final month, in response to new filings Thursday in federal court docket.
Marc Van Der Hout, one among Khalil’s attorneys, accused Immigration and Customs Enforcement brokers of deceptive their shopper. Court docket paperwork present the feds logged of their arrest report that brokers instructed Khalil there was a warrant for his arrest — but the most recent filings counsel no warrant was executed till he was transported right down to an ICE workplace in Decrease Manhattan for processing.
“The government’s admission is astounding,” Van Der Hout mentioned in an announcement, “and it is completely outrageous that they tried to assert to the immigration judge — and the world — in their initial filing of the arrest report that there was an arrest warrant when there was none.”
In response, Van Der Hout known as on the immigration court docket to terminate proceedings. The choose in that case, Jamee E. Comans, dominated earlier this month that Khalil may very well be pressured overseas as a international coverage threat.
The Trump administration maintains that an immigration arrest and not using a warrant was common, stating: “It is the pattern and practice of DHS to fully process a respondent once in custody.” The Division of Homeland Safety and ICE, which is below the umbrella of DHS, didn’t instantly return a request for remark.
“Generally, a warrant of arrest must be obtained,” the court docket paperwork learn. “However, an exception to the warrant requirement exists where the immigration officer has reason to believe that the individual is likely to escape before a warrant can be obtained.”
The filings had been made forward of a deadline this week in Khalil’s immigration case in Louisiana, which gave the Trump administration extra time to submit proof on its second floor for deporting Khalil: claims that he made misrepresentations on his inexperienced card utility. Legal professionals for Khalil deny the claims.
Individually, the federal choose in Khalil’s case in New Jersey — an impartial authorized motion the place the activist is difficult the constitutionality of his detention — requested for copies of the filings the next day, on Thursday.
Khalil additionally submitted an utility for asylum in the USA, which was sealed to the general public, his attorneys mentioned.
Amy Greer, one other lawyer for Khalil — who he had retained in response to a separate Columbia disciplinary motion previous to being detained by the feds — mentioned she was on the telephone with Khalil, his spouse and an agent on the night time of the arrest.
“Those agents repeatedly failed to show us a warrant,” Greer mentioned. “Today we now know why they never showed Mahmoud that warrant — they didn’t have one.”
As a part of their rationale for a warrantless arrest, the federal government provided new claims that Khalil refused to cooperate with the federal brokers and threatened to “leave the scene.” The supervisory agent, the court docket filings mentioned, “believed there was a flight risk and arrest was necessary.”
Khalil’s attorneys denied the brand new allegations: “No one should take seriously the government’s patent lie, which it offers for the first time many weeks after the fact, that somehow Mahmoud was anything other than compliant when ICE agents unlawfully abducted him under cover of darkness,” mentioned Ramzi Kassem, co-director of CLEAR, and one other lawyer for Khalil.
Khalil continues to be held in an ICE detention facility in Jena, La., the place he missed the delivery of his first little one on Monday after federal authorities denied his request for non permanent launch.
Khalil, 30, was detained by ICE brokers on March 8 after returning residence to his Columbia-owned condo from an iftar dinner along with his spouse, a U.S. citizen from the Midwest. He was residing within the U.S. as a lawful everlasting resident with a inexperienced card. He was set to graduate in Might after finishing his grasp’s at Columbia’s College of Worldwide and Public Affairs in December.
The scholar performed a number one function in final 12 months’s campus protests concerning the rising dying toll in Gaza in Israel’s battle in opposition to Hamas and the college’s funding ties to Israel, performing as a mediator between Columbia directors and pupil protesters.
The federal government has not accused Khalil of committing any crimes. It says that even when Khalil’s actions within the U.S. had been “otherwise lawful,” his political opinions might have unfavorable repercussions for the Trump administration’s international coverage targets.
Khalil was the primary worldwide pupil focused within the present crackdown, which has seen a whole lot detained, together with a Russian scientist engaged on groundbreaking most cancers analysis at Harvard who has been in ICE detention for 2 months.
Initially Printed: April 24, 2025 at 7:18 PM EDT
