Judge Rejects Dismissal of Student’s Challenge to Arrest, Moves Case to New Jersey
A U.S. judge has declined the Trump administration’s request to dismiss a lawsuit filed by Mahmoud Khalil, a Columbia University student who was detained following his involvement in pro-Palestinian protests. Khalil is challenging the legality of his arrest by immigration authorities. While the judge, Jesse Furman of the Manhattan-based U.S. District Court, denied the administration’s motion to dismiss, he also ruled that the case should be moved to New Jersey.
Judge Furman sided with the Justice Department’s argument that his court lacked jurisdiction over the case. He ordered the transfer of the case to the federal court in New Jersey, where Khalil was initially held when his lawyers first contested his arrest in New York. The judge did not make a decision regarding Khalil’s request to be released on bail from detention.
Khalil’s lawyer, Samah Sisay, issued a statement expressing concern over the government’s decision to move Khalil to Louisiana, suggesting it was an attempt to avoid having the case heard in New York or New Jersey. The Justice Department has not yet responded to requests for comment on this assertion or on Judge Furman’s ruling.
Sisay emphasized the need for Khalil’s release and return home to his wife, who is expecting their first child. She affirmed their commitment to pursuing all possible avenues to achieve this outcome.
Khalil, in a letter released by his legal team, described himself as a political prisoner of the Trump administration.
Judge Furman clarified that his previous order temporarily blocking Khalil’s potential deportation would remain in effect unless a judge in the New Jersey federal court decides otherwise. The New Jersey court will also be responsible for ruling on Khalil’s claims that his arrest was unconstitutional and his requests for release on bail or relocation from the immigration detention facility in Louisiana, where he is currently being held.
Donna Lieberman, the executive director of the New York Civil Liberties Union, which is representing Khalil in the case, stated that this ruling is a crucial step toward ensuring that the administration’s unconstitutional practices are halted and that Khalil is reunited with his family in New York.
The case has emerged as a point of contention amidst President Donald Trump’s pledge to deport non-U.S. citizens who participated in protests against Israel’s military actions in Gaza, which spread across American college campuses, including Columbia, following the October 2023 attack against Israelis by Hamas.
The Trump administration has alleged that these protests included expressions of support for Hamas and antisemitic harassment of Jewish students. Student protest organizers, however, have countered that criticism of Israel is being unfairly equated with antisemitism.
Khalil, 30, was arrested by U.S. Immigration and Customs Enforcement (ICE) agents on March 8 outside his university residence in Manhattan. His lawyers have argued that he was specifically targeted in retaliation for his advocacy for Palestinian rights, which they claim violates his First Amendment rights to free speech.
Following his arrest, Khalil was initially taken to a federal building in lower Manhattan and subsequently transferred to a detention facility in New Jersey in the early hours of March 9. His lawyer stated that she filed the initial challenge to his arrest in Manhattan federal court because online ICE records indicated that he was still located in Manhattan.
Judge Furman acknowledged that Khalil’s petition raises serious allegations that warrant judicial review. However, he noted that it was undisputed that Khalil was in New Jersey at the time the petition was filed, which necessitates that the case be heard in that jurisdiction.
Furman wrote, "At the heart of this case is the important question of whether and under what circumstances the Government may rescind a person’s lawful permanent resident status and remove him from the United States."
Judge Furman rejected the government’s request to move the case to Louisiana, where Khalil arrived in immigration detention on March 10. Had the case been moved there, any potential appeals would have been heard by the 5th U.S. Circuit Court of Appeals, known for its conservative stance.
Appeals of decisions made in New Jersey would be heard by the 3rd U.S. Circuit Court of Appeals, which currently has a 6-6 split between active judges appointed by Democratic and Republican presidents. There are two vacancies that President Trump has the opportunity to fill.
Khalil, who is of Palestinian descent, entered the United States on a student visa in 2022, married his American citizen wife in 2023, and obtained lawful permanent residency (a green card) last year.
Khalil became a prominent figure in Columbia’s pro-Palestinian protest movement while pursuing a master’s degree in public administration. He is scheduled to graduate in May.
The administration’s attempt to remove him is based on a rarely invoked provision of the 1952 Immigration and Nationality Act, which allows for the deportation of lawful permanent residents if the Secretary of State has "reasonable grounds to believe" their presence in the country could harm U.S. foreign policy.
Secretary of State Marco Rubio stated on March 16 that participating in "pro-Hamas events" is contrary to U.S. foreign policy.
Khalil’s lawyers have maintained that their client has no connection to Hamas and acted as a "mediator and negotiator" during the protests. They argue that the administration is unlawfully targeting non-U.S. citizens for removal based on protected speech and have requested that Judge Furman immediately release Khalil.
Khalil’s wife, Noor Abdalla, is eight months pregnant and has been unable to travel to Louisiana to visit him. In a statement, Abdalla described the case being moved as a "first step."
However, she added, "we need to continue to demand justice for Mahmoud. His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me."
