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Mahmoud Khalil’s attorneys and DOJ spar over whether a warrant was needed to arrest him, court documents reveal

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7h ago

Mahmoud Khalil, a Columbia University graduate involved in pro-Palestinian protests, was arrested without a warrant by federal agents who claimed he was a flight risk. The Department of Justice (DOJ) argues that Khalil's failure to produce a green card when asked and his alleged intention to leave the scene justified the arrest, a claim disputed by Khalil’s attorneys who presented video evidence showing his cooperation. Khalil faces deportation, with the case citing his beliefs as a threat to U.S. foreign policy, as outlined in a memo by Secretary of State Marco Rubio. Legal proceedings are ongoing in both Louisiana, where his deportation was ordered, and New Jersey, where his attorneys challenge the legality of his detention and seek his release on bail. The case has broader implications, as a ruling in Khalil's favor could prevent the deportation of other noncitizens involved in protest activities against the U.S. government policies.

Mahmoud Khalil’s attorneys and DOJ spar over whether a warrant was needed to arrest him, court documents reveal

Federal agents arrested Mahmoud Khalil without a warrant, claiming he was a flight risk after failing to present a green card, despite his attorneys arguing that video evidence shows he was cooperative and did not attempt to flee.

Khalil is facing deportation based on a memo from Secretary of State Marco Rubio, which labels his beliefs and associations as compromising to U.S. foreign policy interests, making him deportable under the Immigration and Nationality Act.

Khalil's case is being contested in two courts: in Louisiana, where his deportation was ordered, and in New Jersey, where his attorneys are challenging the legality of his arrest and seeking his release on bail.

The Department of Justice maintains that Khalil's arrest was justified due to the urgency of the situation and the risk of him escaping before a warrant could be obtained, citing surveillance and a pattern of life assessment.

Khalil's attorneys argue that the arrest was retaliatory, linked to his participation in protests against the Israel-Hamas war, and that the arrest was unconstitutional due to the lack of a warrant.

New Jersey district court Judge Michael Farbiarz is considering multiple motions, including Khalil's release on bail and a preliminary injunction that would prevent the targeting of other noncitizens involved in protest activities.

The outcome of Khalil's case could set a precedent affecting the deportation of other activists, with implications for the rights of noncitizens to engage in protest activities without fear of detention or deportation.

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