Pro-Palestine activist Khalil to be deported, rules US court; to appeal against order

An immigration judge on Wednesday ordered that former pro-Palestinian activist at Columbia University, Mahmoud Khalil, be deported to either Algeria or Syria. According to The Hill, the judge ordered Khalil’s deportation because he allegedly did not disclose certain information on his green card application.

“This Court further finds that the Respondent understood the consequences and that the candid disclosure of his affiliations might lead to an additional line of questioning and the ultimate denial of his application for conditional permanent residency. This Court finds that Respondent’s lack of candour on his I-485 was not an oversight by an uninformed, uneducated applicant. This Court finds that the Respondent’s purposeful, non-disclosure was not a misrepresentation by another which imputed consequences to the Respondent,” immigration judge Jamee Comans said in the order.

“Rather, this Court finds that Respondent willfully misrepresented material fact(s) for the sole purpose of circumventing the immigration process and reducing the likelihood his application would be denied,” Comans averred. “This Court cannot and will not condone such an action by granting a discretionary waiver. To do so would encourage future applicants to take the gamble of materially misrepresenting facts and then seeking a waiver if it is somehow discovered by the US government,” the court order further reads.

Khalil hits back

In his statement to multiple news outlets, Khalil slammed the US President Donald Trump’s administration and maintained that the ruling doesn’t surprise him. “It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech. Their latest attempt, through a kangaroo immigration court, exposes their true colours once again,” the pro-Palestinian activist averred.

Meanwhile, Khalil’s legal team made it clear that they will challenge the latest decision by Comans by appealing to New Jersey federal judge Michael Farbiarz. It is pertinent to note that in June this year, Farbiarz ruled that Khalil, a green card holder, must be released from detention.

The pro-Palestinian activists were first detained in Trump’s immigration crackdown in March. As part of the release, Khalil, who was born in Syria and is Palestinian, had to surrender his passport and travel documents.

According to the court order dated September 12, Khalil’s legal team now have 30 days from Comans’ ruling to appeal to the Board of Immigration Appeals.

“In light of the above, and given statements targeting Petitioner by name for retaliation and deportation made by the President and several senior U.S. government officials, undersigned counsel have ample reason to expect that the BIA process—and an affirmance of the IJ’s determination—will be swift,” Baher Azmy, Khalil’s attorney, said in a letter to Farbiarz.

It is important to note that, apart from the case in New Jersey, Khalil has a pending case in Philadelphia.  After he was detained in March, the Trump administration alleged that his presence at the protests at Columbia University was a threat to American foreign policy. Khalil was detained in a facility in Louisiana for over three months. During that period, he also missed the birth of his first child.