Lawyers representing Mahmoud Khalil announced on Thursday their intention to seek testimony from Secretary of State Marco Rubio regarding Mr. Khalil’s detention by the government. Despite no criminal charges being brought against Mr. Khalil, Secretary Rubio has argued that Mr. Khalil’s presence in the United States fuels antisemitism.
Mr. Khalil, a graduate of Columbia University known for his involvement in pro-Palestinian demonstrations on campus, has been held in government custody for over a month. His upcoming immigration court hearing in Louisiana is unlikely to include testimony from Secretary Rubio, as his lawyers acknowledged. However, they emphasized the importance of compelling Secretary Rubio to answer questions in a deposition to address the lack of justification for Mr. Khalil’s detention.
According to Marc Van Der Hout, one of Mr. Khalil’s lawyers, “Mr. Khalil has the right under due process to confront the evidence against him, and that’s what we want to examine Secretary of State Rubio about.”
The State Department has yet to respond to requests for comment on the matter. The lawyers’ statements come in the wake of the Department of Homeland Security submitting evidence for Mr. Khalil’s deportation case. This case has raised concerns about free speech and due process during President Trump’s second term.
The evidence presented by the Department of Homeland Security, including an undated memo from Secretary Rubio, did not provide additional justification for Mr. Khalil’s deportation. The memo, obtained by The Associated Press, invoked a rarely used statute allowing the secretary of state to initiate deportation proceedings against individuals deemed a threat to U.S. foreign policy, particularly regarding antisemitism.
Despite allegations from the Homeland Security Department and the White House claiming Mr. Khalil’s ties to Hamas and terrorism, no concrete evidence has been publicly disclosed to substantiate these accusations.
Furthermore, Homeland Security has raised allegations concerning Mr. Khalil’s disclosure of organizational memberships when applying for permanent U.S. residency. Mr. Van Der Hout dismissed these claims as baseless, emphasizing that the Rubio letter remains the primary evidence in the case.
Mr. Khalil, who was arrested in Manhattan last month and subsequently transferred to Louisiana, remains in custody with his wife, Dr. Noor Abdalla, expecting a child. The immigration judge overseeing his case is expected to assess the evidence provided by the government to determine the potential for deportation.
Even if deportation is authorized, Mr. Khalil will not be immediately removed from the country. Simultaneously, legal challenges to the constitutionality of his detention are ongoing in front of a federal judge in New Jersey. Judge Michael Farbiarz has ordered a hold on Mr. Khalil’s removal until further rulings are made.
