logo
Judge sides with Trump DOJ to keep Mahmoud Khalil in detention

Judge sides with Trump DOJ to keep Mahmoud Khalil in detention

USA Today13 hours ago

Judge sides with Trump DOJ to keep Mahmoud Khalil in detention
Show Caption
Hide Caption
Supporters protest for Mahmoud Khalil's release from ICE detention
Supporters demanded the release of Mahmoud Khalil while he attended a hearing at the LaSalle Immigration Court in Jena, Louisiana.
A federal judge ruled the Trump administration could keep Mahmoud Khalil in custody under a secondary legal argument.
On June 13, U.S. District Judge Michael Farbiarz, of New Jersey, rejected the 30-year-old Palestinian Columbia University graduate's request to be released after three months in immigration detention.
On June 11, Farbiarz initially ruled Khalil couldn't be detained by Secretary of State Marco Rubio's determination that he threatened American foreign policy interests. But Farbiarz left open other options for Immigration and Customs Enforcement to hold Khalil.
Ahead of a court-ordered deadline to respond on June 13, Justice Department lawyers argued Khalil could be held for misrepresenting information on his permanent residency application, under a federal immigration statute lawyers have presented to the court.
"Khalil is now detained based on that other charge of removability," Justice Department lawyers wrote in a June 13 letter submitted to court. "Detaining Khalil based on that other ground of removal is lawful."
They said Khalil now has options to seek his release with the charge pending.
Farbiarz sided with that assessment and said the secondary charge hasn't been blocked by the court.
He said, "a number of avenues are now available to" Khalil, "including a bail application to the immigration judge presiding over the immigration case."
Khalil's lawyer, Amy Greer, said that the government was using 'cruel, transparent delay tactics' to keep him away from his wife and newborn son on their first Father's Day, on June 15.
'Instead of celebrating together, he is languishing in ICE detention as punishment for his advocacy on behalf of his fellow Palestinians,' Greer said in a statement.
The Justice Department had no comment beyond the filings, an agency spokesperson said in an email.
The government had until June 13 to appeal the judge's initial ruling. Justice Department lawyers pushed Khalil to follow the administrative actions instead of filing in federal court.
"These administrative processes are the proper avenues for Khalil to seek release, not having a federal district court hold that the government cannot detain Khalil on a charge that the Court never found to be unlawful," the government lawyers said in the letter.
In his original June 11 ruling, Farbiarz Khalil's request to temporarily block federal officials from deporting him under Rubio's determination. On June 13, he extended the government's time to respond to appeal his decision. Justice Department lawyers instead brought up the second argument.
Khalil's legal team sent a letter to Farbiarz the morning of June 13, requesting that the client be freed since the appeal from the government did not meet the morning deadline.
Khalil has been held in an immigration detention center in Louisiana since March. His lawyers have fought for his release to be with his wife and newborn son, Deen.
However, a June 12 email sent to Khalil's lawyers by Brian Acuna, director of the New Orleans ICE Field Office, stated that he had "no information [that] your client will be released or a time for that," court records showed. His lawyers instead needed to contact ICE's Office of Chief Counsel on that matter, the email said.
Immigration agents arrested Khalil, a green card holder married to an American citizen, on March 8 in the lobby of his university-owned apartment building in Manhattan.
A Palestinian born in Syria, Khalil was a spokesman and negotiator for pro-Palestinian protesters at Columbia. Khalil was not accused of any crime.
Noncitizens can be deported if the Secretary of State finds that their presence threatens U.S. foreign policy interests, even if their beliefs, statements or associations are "otherwise lawful," the Trump administration argued. They cited a rarely used provision of the Immigration and Nationality Act of 1952 as the basis.
Farbiarz ruled against the Secretary of State's determination and said the secondary argument — that he omitted information on his application to enter the country — "almost surely flows" from Rubio's determination.
On June 13, Farbiarz said Khalil hadn't given factual evidence as to why it could be unlawful to detain him on the secondary charge.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

The Shame of Trump's Parade
The Shame of Trump's Parade

Atlantic

time33 minutes ago

  • Atlantic

The Shame of Trump's Parade

Today—250 years since the Continental Army officially formed to fight for the independence of the American colonies against the British monarchy—marks a milestone in President Donald Trump's effort to politicize the U.S. military. Though they are rare, military parades have happened before in Washington, D.C. For the most part, these have been celebrations of military achievements, such as the end of a war. But today is also Trump's birthday, and what he and his supporters have planned is a celebration of Trump himself. A mark of a free society is that its public institutions, especially its military, represent the body politic and the freedom-enabling equal rights that structure civic life. If service members and the public begin to believe that the military is not neutral but is in fact the servant of MAGA, this will threaten the military's legitimacy and increase the likelihood of violent conflict between the military and the public. Today's events bring us one step closer to this disaster. I have seen the politicization of the military firsthand. Last month, I resigned my tenured position as a philosophy professor at West Point in protest of the dramatic changes the Trump administration is making to academic programs at military-service academies. Following an executive order from January, the Department of Defense banned most discussions of race and gender in the classroom. West Point applied this standard to faculty scholarship as well. As a result, my research agenda—I study the relationship between masculinity and war, among other things—was effectively off limits. I consider what the Trump administration is doing to the military-service academies as a profound violation of the military's political neutrality. That destructive ethos is the same one apparent in the parade scheduled for today. Before Trump was reelected, the Army had planned significant celebrations across the country to mark this day, including the release of a commemorative postage stamp and a visit to the International Space Station by an Army astronaut. But according to The New York Times, arrangements for today's D.C. event, unlike the other plans, began only this year. The day is scheduled to begin with a variety of family-friendly concerts, a meet and greet with NFL players, and military-fitness competitions, all on the National Mall. If all goes to plan, the celebrations will culminate with what organizers are calling a 'grand military parade' that starts near the Pentagon, crosses the Potomac River, and ends near the White House. The parade is anticipated to involve 6,700 active-duty soldiers and a massive display of Army equipment: dozens of M1A1 Abrams tanks and Stryker armored personnel carriers, along with more than 100 other land vehicles, 50 helicopters, and a B-25 bomber. Trump is scheduled to give remarks after the parade and receive a flag delivered from the air by the U.S. Army Parachute Team known as the Golden Knights. A fireworks show is set to follow later tonight. The organizers have made it abundantly clear that today's purpose is to directly laud Trump and his politics. In promotional materials, they tell us, 'Under President Trump's leadership, the Army has been restored to strength and readiness.' They credit his 'America First agenda' for military pay increases, enlarged weapons stockpiles, new technologies, and improvements in recruitment, declaring that he has 'ensured our soldiers have the tools and support they need to win on any battlefield.' Monica Crowley, the State Department's chief of protocol and a former Fox News host, went on Steve Bannon's podcast WarRoom to say that the concurrence of the U.S. Army's anniversary and Trump's birthday is 'providential.' She called it 'meant to be. Hand of God, for sure.' She added, 'It is really a gift, and we want to be sure that we celebrate in a manner that is fitting, not just of this extraordinary president but of our extraordinary country.' She also expressed hope that the crowd would serenade the president with 'Happy Birthday.' Clearly, Trump isn't merely the guest of honor; he is the reason for the party. During his first administration, members of Trump's own Cabinet often thwarted his efforts to corrupt the Pentagon. This time, Trump has appointed a secretary of defense, Pete Hegseth, who is willing to tear down the boundaries separating politics and the management of national defense. Trump and Hegseth claim to be purging the military of politicization instilled by previous administrations and resetting the DOD around the nonpartisan matter of readiness for war. But in reality, they have used this rationale as a cover to insert an unprecedented level of political partisanship into the military. Other events in recent months have pointed in this same direction. For instance, in February, the administration fired the top lawyers for the Army, Navy, and Air Force. The only meaningful justification given for the move was Hegseth's claim that the fired lawyers might be roadblocks to the president's agenda—a frightening admission. In January, the administration banned transgender people from serving in the military, not because they allegedly pose a threat to unit cohesion or because their medical treatment is unusually expensive, but because they are supposedly bad people ('not consistent with the humility and selflessness required of a service member'). At present, transgender soldiers who have met all performance standards are being discharged simply because of the administration's bigotry against them. The administration has also inserted its politics into all the military-service academies—the reason I left West Point last month. Trump and Hegseth have denied the validity of ideas that are taken seriously in a variety of disciplines and banned them from the classroom, including, as I noted above, matters pertaining to race and gender. Books and other works, most of which are by women and people of color, have been removed from the curriculum. The academic programs of the service academies are now structured around the Trump administration's ideological worldview. Faculty and cadets wonder if they are allowed to entertain perspectives inconsistent with the administration's politics. In May, Hegseth led an evangelical prayer service in the Pentagon's auditorium. Standing at a lectern with the Department of Defense seal, Hegseth led the audience in prayer to 'our Lord and savior, Jesus Christ.' The main speaker at this service was Hegseth's pastor, Brooks Potteiger, of the Pilgrim Hill Reformed Fellowship, in Goodlettsville, Tennessee. This church restricts all leadership positions to men, declares homosexuality immoral, and asserts that women should not serve in combat. Of course, there is nothing wrong with a secretary of defense acknowledging his religious faith. What's objectionable is the use of his authority to push his personal religious views on subordinates, especially as the director of a major institution of the secular state. The president now routinely speaks to uniformed service members in his red MAGA hat, using his trademark rhetoric centering himself and belittling, even demonizing, his critics. He openly suggests a special alliance between him and the military. At Fort Bragg on Tuesday, for instance, Trump encouraged uniformed soldiers to cheer his political agenda and boo his enemies. This is all extremely dangerous. Keeping the military a politically neutral servant of the constitutional order, not of the president or his political ideology, is vital to ensuring the security of civil society. Up until a week ago, the blurring of the boundaries between the administration's ideology and the military had not yet manifested as an attempt to employ the military directly on Trump's—or the Republican Party's—behalf. The steps taken until that point had been mostly symbolic. (The one possible exception was the deployment of the military at the southern border in what is essentially a law-enforcement matter.) But these symbolic expressions of military politicization have paved the way for that endgame—presidential orders that deploy the military for directly partisan ends. In just the past week, the Trump administration responded to protests against the enforcement of his immigration policies with military deployments. The likelihood that the administration will try to use the military against its political opponents is now very high. If that comes to pass, we will then learn just how successful Trump's efforts to politicize the military have been.

Donald Trump is losing. Here's how California can keep the pressure on
Donald Trump is losing. Here's how California can keep the pressure on

San Francisco Chronicle​

time37 minutes ago

  • San Francisco Chronicle​

Donald Trump is losing. Here's how California can keep the pressure on

Californians are angry. They should be. President Donald Trump's militarized mass deportation policies aren't just thoughtless and cruel — they have, in many instances, been executed illegally. This includes targeting international college students with legal residence for their political expression. Four undocumented children in San Francisco were also among those rounded up, among them a 3-year-old, whose family was lawfully complying with a scheduled check-in with immigration authorities. Abundant evidence suggests racial profiling is part and parcel of the administration's strategy. Federal agents aren't simply doing the hard work of tracking down the immigrants with criminal records whom Trump has emphasized for deportation. Instead, they've fished for people en masse at places like Home Depot — sometimes masked and without visible identification — sweeping up citizens of color in the process. In some cases, Trump isn't deporting people back to their native lands. He has sent hundreds of undocumented immigrants, the vast majority of whom had violated no other law than coming to the country without authorization, to prisons in places that are not their country of origin — including what could best be described as a gulag in El Salvador. In the fear and confusion that has ensued from these actions, criminals pretending to be Immigration and Customs Enforcement agents are exploiting the chaos to attack vulnerable communities. And so Californians — and increasingly people across the nation — have taken to the streets in protest. The Constitution and the moral imperative are on their side. In response, Trump has sent thousands of federalized National Guard troops and 700 Marines to the streets of Los Angeles in a clear act of intimidation — claiming an insurrection, but notably not invoking the Insurrection Act statue that would give him the legal authority (and the checks and balances that come with it) to mobilize troops. When U.S. Sen. Alex Padilla of California attempted to publicly question Homeland Security Secretary Kristi Noem about these excesses and injustices, he was shoved and handcuffed by federal agents. It's a perilous time for American democracy. The threat of a descent into unchecked authoritarianism is real. Protestors are correct in their assessment that silence in the face of such tyranny is unacceptable. But as citizens of conscience take to the streets — particularly in California, where the undocumented migrant population is bearing the brunt of our nation's political war — there is something important they should keep in mind: Donald Trump is losing. In recent months, courts have shot down any number of his executive orders, along with his targeting of international students with legal residence. U.S. District Judge Charles Breyer ruled on Thursday that Trump's federalization and deployment of California National Guard troops was 'illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.' The 9th U.S. Circuit Court of Appeals in San Francisco will consider an appeal of Breyer's ruling on Tuesday. Beyond the legal realm, Trump's economic policies are floundering. His 'big, beautiful' budget is in disarray after an embarrassing public fallout with the world's richest man. His tariff negotiations have gone nowhere. His foreign policy bluster has resulted in heightened global instability. The American people are beginning to widely see Trump for what he is: a failure Only 38% of registered voters approve of his performance, according to a Quinnipiac University poll released on Wednesday. And on immigration, 57% disapprove of his policies. Perhaps recognizing the turning tide, Trump has wobbled on many of his more aggressive stances. After calling for an all-out ban on Chinese students, he suggested this week that he would actually like 500,000 to come to the United States. He further said he had changed his views on migrant farm workers. 'You go into a farm and you look at people — they've been there for 20, 25 years, and they've worked great, and the owner of the farm loves them, and everything else and then you're supposed to throw them out,' Trump said Thursday at the White House. He ultimately backed down from these positions. But the flip-flopping shows his weakness — and the reality that better federal immigration policy, not crackdowns, are needed if we want to better meet the country's workforce needs. The question now for Californians is how to keep the pressure on Trump and defend the rights of immigrants without turning against one another or giving the Trump administration the kind of public spectacle it craves. While Trump is weak, he remains a master manipulator. He has already tried to leverage scenes of carnage stemming from a handful of bad actors at the protests in Los Angeles. California cannot afford to give him more fodder. That danger runs particularly high in Los Angeles, where Trump's federalized troops add an element of unpredictability. 'It's like bringing in a new player to a game and not giving them the playbook,' former Houston police chief and crowd control expert Art Acevedo told the editorial board. 'It's counterproductive. It's theater. And it's not operationally sound.' Acevedo, who drew nationwide praise for his handling of the 2020 protests in George Floyd's native Houston in the wake of his murder by police, said that the best way to protect the public's First Amendment rights is through local organization and communication. Here in San Francisco, Mayor Daniel Lurie has been criticized for his reluctance to even say Trump's name in public. But San Francisco doesn't need him to make fiery speeches. What it needs, Acevedo said, is for officials and the police department to keep lines of communication open with activists and protest leaders and to signal their compassion. San Franciscans are more than capable of speaking for their city. They need to trust that they will be safely empowered to do so. That does not preclude the necessity of weeding out bad actors. Trump is weak. With the discipline to maintain the moral high ground, he can be defeated. As Michael Ansara, who as a student helped organize the March on Washington in 1965, concluded in a recent op-ed: Protesting against Trump is good. Organizing against him is better.

BROADCAST BIAS: Media's LA riot coverage relies on a sneaky trick to look less one-sided
BROADCAST BIAS: Media's LA riot coverage relies on a sneaky trick to look less one-sided

Fox News

timean hour ago

  • Fox News

BROADCAST BIAS: Media's LA riot coverage relies on a sneaky trick to look less one-sided

Democrats and their publicity partners at the broadcast TV networks have often preached about how President Donald Trump's actions – like his pardons – are an affront to the "rule of law" in America. But when it comes to Trump's attempt at mass deportations, the media-Democrat alliance lines up fiercely against any attempt to remove immigrants who have ignored the rule of law. Riots broke out on June 6 after several immigration raids in the Los Angeles area by U.S. Immigrations and Custom Enforcement enraged the left, as so-called "peaceful protesters" tried to block entrances and exits for the Edward R. Roybal Federal Building downtown, where detainees were being processed. In a legal sense, it is not merely a "protest" to obstruct law enforcement. It's a crime. It is not "protest" to throw bricks at ICE agents or police, or set cars on fire. But the broadcast coverage of this unrest sounded disturbingly like the excuse-making for the George Floyd riots of 2020, when violent mobs were described as a "racial reckoning." Once again, the TV networks used the mantra that the protests are "mostly peaceful," like it was a tiny sideshow, and Trump calling out the National Guard to quell the violence was treated as a provocation that worsened the crisis. The original, radical "idealism" of these protests – that ICE shouldn't be deporting anyone, like deportations were tyrannical – served as the rhetorical underpinning of the biased coverage. Any idealism from the Republican side – favoring that "rule of law" and for protecting law enforcement personnel from violent attacks – was dismissed as Trumpian blather. By Monday morning, the network morning shows kicked into anti-Trump gear. ABC "Good Morning America" host George Stephanopoulos warned viewers that Trump's ordering in the National Guard "is the first time since 1965 that a president's ordered troops in over the objections of the governor," and "California Governor Gavin Newsom condemned the action as inflammatory, called on the administration to rescind it, said they were manufacturing a crisis." When Democrats can't keep control of their cities, pointing it out is "manufacturing a crisis." It's like Stephanopoulos never stopped being a Democrat press spokesman. It's subtle wordplay, but the networks have a sneaky habit of not putting the party label on Trump's Democrat opponents. One might say their party should be obvious from their opposition, but in a setting of violent action, the avoidance of party labels was far too common, especially at ABC. On Wednesday night, June 11's "World News Tonight," reporter Matt Gutman announced "in an emotional press conference, 37 mayors coming together" against Trump, no party labels needed. Arturo Flores, the mayor Huntington Park, was described as "a combat veteran, appealing to the military." Flores bizarrely argued about illegal immigrants: "These are Americans." As a legal matter, that's untrue, but ABC put that concept on screen: "Officials: 'Remember, You Are Dealing With Americans." That's just "Officials," no party ID needed. Flores also lit into Trump as "a dictator" and "a tyrant." Nobody ever fact-checks politicians who call Trump a dictator. Gutman then added Newsom attacking Trump for calling out the National Gard, without the party label. On Thursday night, ABC evening anchor David Muir repeated the tactic. Homeland Security Secretary Kristi Noem was abruptly interrupted at a press conference by "California Senator Alex Padilla," and he was forced to the ground and handcuffed. This transparently partisan stunt was treated as deadly serious, complete with a Padilla soundbite full of quavering moral outrage about how Latino farm hands and cooks are treated by the feds, with no mention of party. It's subtle wordplay, but the networks have a sneaky habit of not putting the party label on Trump's Democrat opponents. Late in that Thursday story, ABC reporter Matt Rivers did highlight the party when "Democratic Governors" lectured House Republicans at a hearing about their laxity on illegal immigration. New York Gov. Kathy Hochul told Viewers that Trump engaged in a "flagrant abuse of power." ABC did not show Minnesota Gov. Tim Walz being pressed in that hearing about his smears in a recent commencement speech where he accused ICE agents of being "Trump's modern-day Gestapo." Nobody "fact checks" that, and no Republican question or concern from that hearing was mentioned by ABC. This is why Republicans and independent voters are shunning ABC, CBS and NBC as talking-point assembly lines for the Democrats.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store