Latest news with #Section1227
Yahoo
2 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
2 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.
Yahoo
3 days ago
- General
- Yahoo
Trump administration's bid to deport Mahmoud Khalil is likely unconstitutional, judge rules
A federal judge ruled Wednesday that the Trump administration's effort to deport pro-Palestinian activist Mahmoud Khalil is likely unconstitutional, but the judge stopped short of freeing him from jail. Instead, Khalil must present further legal arguments for why he should be released, U.S. District Judge Michael Farbiarz wrote in a 106-page decision. Khalil, a legal U.S. resident and recent Columbia University graduate student, has not been charged with any crime. But he has been detained in Louisiana since March, after authorities arrested him in the lobby of his university residence and put him into deportation proceedings. Khalil was the first of a group of foreign-born pro-Palestinian academics who were swept up by the Trump administration even though they had green cards or valid student visas. Judges have ordered several of the other academics released from jail, but Khalil has remained locked up while fighting his deportation on two parallel tracks: Farbiarz's courtroom in New Jersey and a separate immigration court proceeding in Louisiana. During Khalil's time in jail, his wife gave birth to their first child. In seeking to remove Khalil from the country, the Trump administration invoked a rarely used provision of federal law that allows the deportation of any noncitizen if the secretary of State determined the person's 'presence or activities' in the U.S. 'would have serious adverse foreign policy consequences.' Farbiarz, a Biden appointee, ruled Wednesday that Secretary of State Marco Rubio likely acted unconstitutionally when he used that provision to target Khalil. Rubio, the judge wrote, never explained whether Khalil's activities 'affected U.S. relations with any other country,' and as a result, his use of the provision was likely 'unconstitutionally vague.' 'An ordinary person would have had no real inkling that a Section 1227 removal could go forward in this way,' the judge continued, referring to the section of federal law that contains the deportation provision. But that does not mean Khalil should automatically be released, Farbiarz wrote. The judge said he wants additional briefing on other issues, including the government's claim that Khalil omitted relevant information, including his membership in several organizations, when he applied for his green card. Khalil and his lawyers have argued that the administration is illegally retaliating against him for his role in organizing campus protests of the Israel-Hamas war. 'The district court held what we already knew: Secretary Rubio's weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional,' Khalil's lawyers said Wednesday in response to Farbiarz's ruling. 'We will work as quickly as possible to provide the court the additional information it requested supporting our effort to free Mahmoud or otherwise return him to his wife and newborn son.' While Khalil's case has been pending before Farbiarz, an immigration judge in Louisiana ruled that Khalil can be deported as a national security risk. Immigration judges are employees of the Justice Department and ordinarily do not grapple with constitutional questions as extensively as U.S. district judges. Khalil is expected to appeal the immigration judge's ruling. He cannot be deported immediately because Farbiarz previously barred the government from removing him from the country while his legal challenge is pending.
Politico
3 days ago
- Politics
- Politico
Trump administration's bid to deport Mahmoud Khalil is likely unconstitutional, judge rules
A federal judge ruled Wednesday that the Trump administration's effort to deport pro-Palestinian activist Mahmoud Khalil is likely unconstitutional, but the judge stopped short of freeing him from jail. Instead, Khalil must present further legal arguments for why he should be released, U.S. District Judge Michael Farbiarz wrote in a 106-page decision. Khalil, a legal U.S. resident and recent Columbia University graduate student, has not been charged with any crime. But he has been detained in Louisiana since March, after authorities arrested him in the lobby of his university residence and put him into deportation proceedings. Khalil was the first of a group of foreign-born pro-Palestinian academics who were swept up by the Trump administration even though they had green cards or valid student visas. Judges have ordered several of the other academics released from jail, but Khalil has remained locked up while fighting his deportation on two parallel tracks: Farbiarz's courtroom in New Jersey and a separate immigration court proceeding in Louisiana. During Khalil's time in jail, his wife gave birth to their first child. In seeking to remove Khalil from the country, the Trump administration invoked a rarely used provision of federal law that allows the deportation of any noncitizen if the secretary of State determined the person's 'presence or activities' in the U.S. 'would have serious adverse foreign policy consequences.' Farbiarz, a Biden appointee, ruled Wednesday that Secretary of State Marco Rubio likely acted unconstitutionally when he used that provision to target Khalil. Rubio, the judge wrote, never explained whether Khalil's activities 'affected U.S. relations with any other country,' and as a result, his use of the provision was likely 'unconstitutionally vague.' 'An ordinary person would have had no real inkling that a Section 1227 removal could go forward in this way,' the judge continued, referring to the section of federal law that contains the deportation provision. But that does not mean Khalil should automatically be released, Farbiarz wrote. The judge said he wants additional briefing on other issues, including the government's claim that Khalil omitted relevant information, including his membership in several organizations, when he applied for his green card. Khalil and his lawyers have argued that the administration is illegally retaliating against him for his role in organizing campus protests of the Israel-Hamas war. 'The district court held what we already knew: Secretary Rubio's weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional,' Khalil's lawyers said Wednesday in response to Farbiarz's ruling. 'We will work as quickly as possible to provide the court the additional information it requested supporting our effort to free Mahmoud or otherwise return him to his wife and newborn son.' While Khalil's case has been pending before Farbiarz, an immigration judge in Louisiana ruled that Khalil can be deported as a national security risk. Immigration judges are employees of the Justice Department and ordinarily do not grapple with constitutional questions as extensively as U.S. district judges. Khalil is expected to appeal the immigration judge's ruling. He cannot be deported immediately because Farbiarz previously barred the government from removing him from the country while his legal challenge is pending.
