Judge Deliberates Khalil’s Detention as Notice Given for Deportation Proceedings

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On March 12, hundreds of protesters gathered in Foley Square, outside of a federal courthouse in Lower Manhattan as U.S. District Judge Jesse Furman deliberated on the legality of the detention of Mahmoud Khalil. Khalil, a lawful permanent resident, was taken from his home in a politically-motivated abduction aimed at striking fear into the Palestine Solidarity Movement in the United States.

At a press conference outside the courthouse, Khalil’s legal team made statements on the proceedings and answered questions from reporters. Khalil’s wife, a U.S. citizen who is eight months pregnant, condemned the arrest in a statement read by attorney Shezza Abboushi Dallal: “My husband was kidnapped from our home. The United States continues to hold him because he stood for the rights and lives of his people. I demand his immediate release and return to our family. His disappearance has devastated our lives. Every day without him is filled with uncertainty—not just for me, but for our entire family and community. Our loved ones are struggling with the pain and fear of his sudden absence. Yet, we are not alone. So many who know and love Mahmoud have come together, refusing to stay silent. Their support is a testament to his character and to the deep injustice of what is being done to him.”

Legal representatives argue that Khalil was arrested, detained, and removed due to his political views rather than any lawful justification. Since his arrest, Khalil has not been granted any private communications with his lawyers. Judge Furman has ordered that Khalil be granted two, hour-long private phone calls with his lawyers after previous communications were cut off or monitored by the government.

The government has justified his detention under a rarely used Secretary of State provision concerning “adverse foreign policy consequences.” Legal experts argue that this provision is typically used to prohibit visas for those actively disrupting bourgeois democratic processes, not to suppress political speech. Khalil’s legal team, in collaboration with the ACLU, is filing an amended petition challenging the unlawful nature of his detention and demanding an expedited schedule for his release.

At the court hearing, a government attorney, Brandon Waterman, revealed that Khalil had been moved from New York to New Jersey within hours of his arrest, in an attempt to further obscure jurisdiction and due process. The government has signaled a preference for further legal proceedings to take place outside New York, in either New Jersey or Louisiana, no doubt in part to avoid the optics of hundreds of spirited protesters voicing their support for Khalil.

Judge Furman did not make a decision on Wednesday, instead asking lawyers from both sides to submit a joint letter Friday that will detail further plans for arguments in his case. While the federal judge is presiding over the legality of his arrest and detention, Khalil has been issued a notice from the Department of Homeland Security to appear before an immigration judge for deportation proceedings on March 27 in Louisiana. According to immigration law experts, immigration courts favor the government opinion.

Khalil’s supporters argue that his case is emblematic of a broader crackdown on political dissent, warning that the government is attempting to set a dangerous precedent for silencing opposition. Despite the attempt to extinguish the Palestine Solidarity Movement by means of terror, students and activists across the country have defiantly rallied and marched through cities in their thousands, while a petition demanding his release so far nears 3 million signatures.

Photo: Protesters outside the courthouse on Wednesday.

The Worker calls on all progressives and revolutionaries nationally and internationally to show support for Mahmoud Khalil, signing the petition for his release, donating to his legal campaign, writing letters of solidarity, and organizing for his release.

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