In Big Win, Court Rules Mahmoud Khalil鈥檚 Lawsuit Should Move Forward in New Jersey
This Important Decision Comes After ICE Sent Mr. Khalil to a Detention Facility in Louisiana, Almost 1500 Miles Away From His Family
NEWARK, N.J. 鈥 The U.S. District Court for the District of New Jersey ruled that the challenge to ICE鈥檚 unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, should continue in New Jersey. This marks the second time the Trump administration has unsuccessfully sought to transfer the case to Louisiana, following the March 19 ruling from Judge Furman of the Southern District of New York that the case should be heard in New Jersey.
Mr. Khalil鈥檚 legal team had argued that if the court allowed this case to play out in Louisiana, this would be rewarding the Trump administration鈥檚 unlawful attempt to suppress dissent and manipulate federal court jurisdiction by transferring Mr. Khalil across state lines in the middle of the night.
Dr. Noor Abdalla, wife of Mahmoud Khalil, said: 鈥淚 am relieved at the court鈥檚 decision today to keep my husband鈥檚 ongoing case in New Jersey. This is an important step towards securing Mahmoud鈥檚 freedom, but there is still a lot more to be done. As the countdown to our son's birth begins and I inch closer and closer to my due date, I will continue to strongly advocate for Mahmoud鈥檚 freedom and for his safe return home so he can be by my side to welcome our first child.鈥 Dr. Abdalla鈥檚 full statement is available .
In addition to asking the court to compel Mr. Khalil鈥檚 return from Louisiana, as well as seeking bail, his legal team is urging the court to grant a (PI), which would immediately release him from custody to be reunited with his wife, who is nine months pregnant. If granted, the PI would also block President Trump鈥檚 policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights. As the filings document, the Trump administration's invocation of a vague, rarely used provision of the 1952 Immigration and Nationality Act 鈥 the 鈥渇oreign policy ground鈥 鈥 is retaliation for speech like Mr. Khalil's, which is protected by the First Amendment.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, New York University Immigrants鈥 Rights Clinic, the New York Civil Liberties Union (NYCLU), the 糖心Vlogof New Jersey, and 糖心Vlog (ACLU).
The following are quotes from Mr. Khalil鈥檚 legal team:
Brett Max Kaufman, senior staff attorney, ACLU:
鈥淚t is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court鈥檚 definitive ruling sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release.鈥
Baher Azmy, Legal Director of Center for Constitutional Rights:
鈥淲e are grateful the court wisely understood that the government cannot try to manipulate the jurisdiction of the United States courts in a transparent attempt to shield their unconstitutional 鈥 and frankly chilling 鈥 behavior. We look forward to the next phase of this case, which is to get Mahmoud out of detention and into the arms of his family, and then to prove the Trump administration鈥檚 attempted deportation of Mahmoud and others is nothing but unconstitutional retaliation for protected speech.鈥
Amol Sinha, executive director, ACLU-NJ:
鈥淢r. Khalil has been unlawfully detained in direct retaliation of his advocacy in support of Palestinian rights. The federal government continues to prolong proceedings despite knowing that targeting a lawful permanent resident over protected speech is indefensible in a court of law. We鈥檙e grateful the court has ordered the case to continue in the District of New Jersey, so Mr. Khalil is one step closer to returning to his family.鈥
Amy Greer, associate attorney at Dratel + Lewis:
鈥淭oday we moved one step closer to vindicating Mr. Khalil鈥檚 rights by challenging his unlawful detention and the administration鈥檚 unconstitutional and retaliatory actions against him.鈥
Donna Lieberman, executive director, NYCLU:
鈥淲ith this ruling, the Court has rightfully reaffirmed that Mahmoud Khalil鈥檚 case belongs in New Jersey 鈥 significantly closer to his wife, community, and legal counsel. The Trump administration has attempted to manipulate the judiciary to suppress speech that supports Palestinian rights. While the trauma ICE has inflicted on Mr. Khalil and his nine-months pregnant wife, Dr. Noor Abdalla, is irreparable, this is a step towards bringing him home.鈥
Ramzi Kassem, co-director, CLEAR:
鈥淭he court's decision today clears the way for what really matters: continuing the legal fight to bring Mahmoud home so he can reunite with Noor and resume his defense of Palestinian rights.鈥