Latest news with #DueProcessClause
Yahoo
5 days ago
- General
- Yahoo
Judge rules effort to deport Mahmoud Khalil likely 'unconstitutional'
May 29 (UPI) -- A federal judge in New Jersey ruled Wednesday that the Trump administration's efforts to deport Palestinian activist Mahmoud Khalil are most likely unconstitutional but did not set him free from custody. U.S. District Judge Michael Farbiarz wrote that Khalil, who was arrested in March by Immigration and Customs Enforcement with the intention of eventual deportation, was likely to win his case "on his vagueness challenge related to the Secretary of State's determination." Khalil's legal team argued on his behalf that the reasons to detain him violated the 14th Amendment's Due Process Clause, due to unconstitutional vagueness. According to Farbiarz's ruling, vagueness doctrine requires a law be clear enough that people understand the consequence should it be broken, and to block the use of laws that are so broad they bend the separation of governmental powers. In his conclusion, Farbiarz wrote that Khalil is "likely to succeed on the merits of his claim that Section 1227 is unconstitutional as applied to him," with Section 1227 being federal code for what makes a person a "deportable alien." Khalil has been detained for deportation based on allegations that his application for lawful permanent residence was inaccurate, and because U.S. Secretary of State Marco Rubio determined that Khalil being in the United States compromises "a compelling U.S. foreign policy interest." However, the judge also determined that Khalil "is not likely to succeed" in his case in regard to his purported failure to complete his lawful permanent resident application correctly. Federal officials allege that although Khalil did apply federally to become a lawful permanent resident, he didn't answer certain questions accurately, which can allow the federal government to remove an individual as per laws that pertain to "inadmissible aliens." Khalil remains in custody as the judge considers whether his assertion that his detention has caused him "irreparable harm," and has requested his legal team provide additional evidence of such before he considers his release. ICE arrested Khalil, a Palestinian refugee raised in Syria and former Columbia University graduate student, in March for having allegedly "led activities aligned to Hamas," in relation to his on-campus pro-Palestinian activism. He was the lead student negotiator of an encampment on the campus in 2024 when Columbia was the center of nationwide student protests held against Israel's war in Gaza.
UPI
5 days ago
- Politics
- UPI
Judge rules effort to deport Mahmoud Khalil likely 'unconstitutional'
Pro-Palestinian protesters hold flags and signs at the Release Mahmoud Khaul, Hands Off Our Students, ICE off Our Campus rally in Manhattan in March. File Photo by John Angelillo/UPI | License Photo May 29 (UPI) -- A federal judge in New Jersey ruled Wednesday that the Trump administration's efforts to deport Palestinian activist Mahmoud Khalil are most likely unconstitutional but did not set him free from custody. U.S. District Judge Michael Farbiarz wrote that Khalil, who was arrested in March by Immigration and Customs Enforcement with the intention of eventual deportation, was likely to win his case "on his vagueness challenge related to the Secretary of State's determination." Khalil's legal team argued on his behalf that the reasons to detain him violated the 14th Amendment's Due Process Clause, due to unconstitutional vagueness. According to Farbiarz's ruling, vagueness doctrine requires a law be clear enough that people understand the consequence should it be broken, and to block the use of laws that are so broad they bend the separation of governmental powers. In his conclusion, Farbiarz wrote that Khalil is "likely to succeed on the merits of his claim that Section 1227 is unconstitutional as applied to him," with Section 1227 being federal code for what makes a person a "deportable alien." Khalil has been detained for deportation based on allegations that his application for lawful permanent residence was inaccurate, and because U.S. Secretary of State Marco Rubio determined that Khalil being in the United States compromises "a compelling U.S. foreign policy interest." However, the judge also determined that Khalil "is not likely to succeed" in his case in regard to his purported failure to complete his lawful permanent resident application correctly. Federal officials allege that although Khalil did apply federally to become a lawful permanent resident, he didn't answer certain questions accurately, which can allow the federal government to remove an individual as per laws that pertain to "inadmissible aliens." Khalil remains in custody as the judge considers whether his assertion that his detention has caused him "irreparable harm," and has requested his legal team provide additional evidence of such before he considers his release. ICE arrested Khalil, a Palestinian refugee raised in Syria and former Columbia University graduate student, in March for having allegedly "led activities aligned to Hamas," in relation to his on-campus pro-Palestinian activism. He was the lead student negotiator of an encampment on the campus in 2024 when Columbia was the center of nationwide student protests held against Israel's war in Gaza.
Epoch Times
26-05-2025
- Politics
- Epoch Times
Trump Suggests Shifting $3 Billion in Harvard Funds to Trade Schools
President Donald Trump suggested transferring federal grants from Harvard University to fund trade schools in a May 26 post on the social media platform Truth Social. 'I am considering taking Three Billion Dollars of Grant Money away from a very antisemitic Harvard, and giving it to TRADE SCHOOLS all across our land,' Trump The federal government has already This includes $2.2 billion in federal grants canceled in April after the government accused Harvard of failing to combat anti-Semitism on its campus. On May 13, $450 million in grants were canceled by eight federal agencies. Last week, the Department of Health and Human Services said it was Trump's statement on transferring Harvard funds comes amid a spat between the administration and the university over the issue of foreign students at the institution. On May 22, the Department of Homeland Security (DHS) Related Stories 5/26/2025 5/25/2025 'Harvard's leadership has created an unsafe campus environment by permitting anti-American, pro-terrorist agitators to harass and physically assault individuals, including many Jewish students, and otherwise obstruct its once-venerable learning environment. Many of these agitators are foreign students.' DHS said in a May 22 'On April 16, 2025, Secretary Noem demanded Harvard provide information about the criminality and misconduct of foreign students on its campus. Secretary Noem warned refusal to comply with this lawful order would result in SEVP termination.' Harvard 'brazenly refused' to provide the requested information, thus leading to the government canceling foreign admissions at the university, DHS said. The institution 'With the stroke of a pen, the government has sought to erase a quarter of Harvard's student body, international students who contribute significantly to the University and its mission,' the 'This revocation is a blatant violation of the First Amendment, the Due Process Clause, and the Administrative Procedure Act. It is the latest act by the government in clear retaliation for Harvard exercising its First Amendment rights to reject the government's demands to control Harvard's governance, curriculum, and the 'ideology' of its faculty and students.' On May 23, a federal judge issued an injunction blocking the DHS directive. Harvard enrolls almost 6,800 international students at its Cambridge, Massachusetts, campus, who come from more than 100 countries. In a May 26 Truth Social 'Harvard is very slow in the presentation of these documents, and probably for good reason! The best thing Harvard has going for it is that they have shopped around and found the absolute best Judge (for them!) - But have no fear, the Government will, in the end, WIN!' he said. Discrimination on Campus The Trump administration's actions against Harvard are part of a wider crackdown against DEI policies, anti-Semitism, and foreign influence in America's education system. Last week, the DHS's Office for Civil Rights The university showed 'deliberate indifference' when Jewish students were subjected to harassment by other students following the Oct. 7, 2023, Hamas attack and subsequent Israeli military action against Gaza, it said. Anthony Archeval, the office's acting director, called on Columbia to 'work with us to come to an agreement that reflects meaningful changes that will truly protect Jewish students.' A Columbia spokesperson told The Epoch Times in an emailed statement that the university takes anti-Semitism issues seriously and was working with the government to address these issues. 'We understand this finding is part of our ongoing discussions with the government,' the spokesperson said. 'Columbia is deeply committed to combatting anti-Semitism and all forms of harassment and discrimination on our campus.' On May 8, the Department of Education's Office of Civil Rights The same day, the department opened an The Epoch Times reached out to Harvard for comment on Trump's latest post but did not receive a reply by publication time. Aldgra Fredly contributed to the report.
Yahoo
26-05-2025
- Politics
- Yahoo
Judge halts Trump administration action barring Harvard from enrolling foreign students
Hours after Harvard University sued the Trump administration for revoking its ability to enroll international students, a federal judge temporarily barred the Department of Homeland Security from allowing the change to take effect. U.S. District Judge Allison Burroughs, a Barack Obama appointee, granted the Ivy League school's request for a temporary restraining order on May 23 because, she wrote, the Trump administration's new policy would bring "immediate and irreparable injury" to Harvard's campus. The provisional ban took effect immediately and will remain in place until the judge decides whether to issue a broader pause while the two sides battle in court. A hearing to consider a preliminary injunction is set for May 29. Harvard's complaint, filed in federal district court in Massachusetts, called the Trump administration's move a "blatant violation" of the First Amendment, Due Process Clause and the Administrative Procedures Act. In a message to the Harvard community, the university's president, Alan Garber, condemned what he called an "unlawful and unwarranted action." Read more: 'Harvard refugee': Chinese students seek legal advice after Trump blocks enrollment "It imperils the futures of thousands of students and scholars across Harvard and serves as a warning to countless others at colleges and universities throughout the country who have come to America to pursue their education and fulfill their dreams," he said. Read more: International college students bring billions to the US. Here's why that may change. Homeland Security Secretary Kristi Noem sent a letter to Harvard's leadership on May 22 saying the school's ability to participate in the Student and Exchange Visitor Program, a prerequisite for colleges and universities to enroll international students, would be terminated "effective immediately." All international students would need to transfer to another university to stay in the United States, she said. "This action should not surprise you and is the unfortunate result of Harvard's failure to comply with simple reporting requirements," Noem wrote in the letter. The punishment dated back to April 16, when Noem first ordered that Harvard produce troves of detailed information about every international student attending the school. "This demand was unprecedented, seeking information far beyond what DHS's regulations require Harvard to maintain and report and far beyond any request Harvard has received in its more than 70 years hosting foreign students under the F-1 visa program," the university's lawyers wrote in the lawsuit. Read more: Trump has been defunding university research. Does China benefit from it? Still, the university said it had complied within the scope of federal law and its reporting requirements, producing thousands of data points about its entire student population with F-1 visas. Those responses, Noem said May 22, were "insufficient." She then gave the university 72 hours to deliver more information, including "any and all" disciplinary records of nonimmigrant students enrolled at the school over the last five years. Noem's unprecedented act, which effectively prevented Harvard from enrolling foreign students, marked arguably the biggest escalation in the Trump administration's battle with the university, which has already had billions of dollars in federal research funding frozen. The campus is separately being investigated over whether it should maintain its tax-exempt status. The effective ban at Harvard created a chilling effect at other colleges nationwide, while imperiling operations at the storied campus in Cambridge, Massachusetts. "Without its international students, Harvard is not Harvard," the school's lawyers argued in the new complaint. Harvard's nearly 7,000 international students make up roughly a quarter of the university's population. As the summer begins, many are awaiting further guidance from the school about what they should do next. The government's actions came just days before graduation. (This story has been updated to add new information.) Zachary Schermele is an education reporter for USA TODAY. You can reach him by email at zschermele@ Follow him on X at @ZachSchermele and Bluesky at @ This article originally appeared on USA TODAY: Judge halts Trump admin from barring Harvard international students
Hindustan Times
26-05-2025
- Politics
- Hindustan Times
‘Ridiculous': Donald Trump reacts amid claims Harvard rejected First son Barron Trump
Donald Trump reacted amid rumors that Harvard University has rejected his youngest and only son with Melania, Barron Trump, due to a new ban on the Ivy League school's ability to accept international students. The school has reportedly sued the Trump administration. Harvard's enrollment of foreign students under the F-1 visa program was revoked on Thursday after the Department of Homeland Security accused the university of 'creating an unsafe campus environment by permitting anti-American, pro-terrorist agitators to harass and physically assault individuals, including many Jewish students.' It added that 'existing foreign students must transfer or lose their legal status.' Harvard filed a case in district court on Friday, alleging that the restriction implemented by the Trump administration was a "blatant violation" of the Administrative Procedures Act, the Due Process Clause, and the First Amendment. Harvard and the Trump administration have been at odds since his return to the White House, leading to the freezing of federal funds. Senator Sheldon Whitehouse of Rhode Island is among those who have speculated about potential hidden agendas after seeing viral posts stating that Barron was turned down by Ivy League powerhouses Columbia and Harvard. 'Can't help but wonder how many Trumps got rejected by Harvard,' Sheldon wrote on X. While there is no official verification that Barron was turned down or even sought admission to Columbia or Harvard, the teen did flout his family's alma mater custom. Also Read: 'Annabelle is not missing', authorities confirm whereabouts of 'haunted' doll after viral missing rumors Trump voiced further complaints with regard to Harvard University, claiming that the institution ought to disclose the identities of international students and that American students are being denied admission because spots are being taken by international students. 'I don't have a problem with foreign students. But it shouldn't be 31 percent. It's too much, because we have Americans who want to go there, and to other places, and they can't go there because there's 31 percent foreigners,' the US President stated from the tarmac in Morristown, New Jersey. Trump has warned of cutting Harvard's federal funding due to disputes over his attempts to terminate all diversity, equality, and inclusion (DEI) programs and controversies over pro-Palestinian protests on campus, which the Trump administration has partially attributed to foreign extremists. 'Look, part of the problem with Harvard is that, they are about 31 percent, almost 31 percent of foreigners coming to Harvard. We give them billions of dollars, which is ridiculous. We do grants, which we're probably not going to be doing much grants anymore to Harvard, but they're 31 percent, but they refuse to tell us who the people are. We want to know the people.' Trump, however, asserted that 'we wouldn't have a problem' with many of the international students.
