An immigration judge in the case surrounding detained activist Mahmoud Khalil has given the Trump administration one day to show evidence the former Columbia University student should be deported, as she wants to make a decision on the issue Friday.
Louisiana Judge Jamee Comans said Tuesday the government had 24 hours to produce evidence against Khalil, a green card holder being targeted by the Trump administration over his role in pro-Palestinian campus demonstrations last year.
Comans said that without sufficient evidence, she will terminate the case Friday and Khalil will be released. The federal government would not be able to file the case again unless the judge throws it out without prejudice.
Khalil was the first known target in the Trump administration’s escalating battle with foreign students, starting with those who participated in the pro-Palestinian movement but seemingly expanding to others with minor infractions such as traffic violations.
The government began the case citing a rarely used provision of immigration law that says the secretary of State can remove a noncitizen if they are a threat to U.S. foreign policy. It later added Khalil did not mention on his application for a green card various organizations he used to work for, such as the Syria Office in the British Embassy in Beirut.
“The government has not produced a single shred of evidence to date to support any of its allegations or charges in this case,” Marc Van Der Hout, Khalil’s attorney, said in a statement.
“Yet the Immigration judge today stated she intends to rule Friday on the merits of this outlandish charge with no realistic opportunity for Mahmoud and his lawyers to contest this baseless charge. If this turns out to be what happens Friday , it would be an uncalled for rush to judgement that would completely deprive Mahmoud of any due process which is a foundation of our legal system,” he added.
Khalil has been in detention for more than a month as his wife, a U.S. citizen, is due to have their first child soon.
