Federal judge orders Palestinian activist Mahmoud Khalil’s case to be moved to New Jersey

By Gloria Pazmino, CNN

(CNN) — A federal judge in New York ordered the case of Columbia University graduate and Palestinian activist Mahmoud Khalil be transferred from New York to New Jersey where his lawyers will continue their legal efforts for his release.

In an opinion issued Wednesday, federal district court Judge Jesse Furman sided with the Trump administration, which argued New York lacked jurisdiction in the case because Khalil was in detention in New Jersey at the time his attorneys filed a motion challenging his arrest.

Khalil was arrested by immigration officers nearly two weeks ago outside of his apartment on the campus of Columbia University. Khalil, a legal permanent US resident who is also married to a US citizen, is a prominent Palestinian activist and played a central role in protests against the Israel-Hamas war on the Ivy League campus last year.

The Trump administration has accused Khalil – without providing evidence – of being a terrorist sympathizer and supporting Hamas. White House officials have also said Khalil distributed flyers promoting Hamas, a claim his lawyers deny.

While Furman’s order does not impact where and whether Khalil is detained, he noted Khalil’s lawyers are accusing the Trump administration of targeting him for participating in demonstrations in support of Palestinians, violating his First and Fifth Amendment protections.

“These are serious allegations and arguments that, no doubt, warrant careful review by a court of law,” Furman wrote. “The fundamental constitutional principle that all persons in the United States are entitled to due process of law demands no less.”

For now, Khalil continues to be held in custody at an Immigration and Customs Enforcement facility in Jena, Louisiana, where he was transferred after he was first arrested in New York and briefly held in New Jersey.

A spokesperson for the US Attorney’s Office in Manhattan, which had argued the case on behalf of the Trump administration, did not immediately return a request for comment.

Judge denies Trump administration’s request to move case to Louisiana

In a win for Khalil’s attorneys, Furman disagreed the case should be moved to Louisana. Furman also denied a motion from the government to dismiss Khalil’s habeas motion entirely, arguing that it would result in delays and allow for his potential expedited removal before a court can hear all his claims. Furman also reaffirmed a previous ruling blocking Khalil’s deportation until his case can be heard in court.

“It will be up to that court to consider Khalil’s claims as well as the motions that he has filed to date in connection with his claims, namely a motion to transfer him from his present place of confinement to a detention facility in this District,” Furman wrote.

“The government first moved Mahmoud to Louisiana, then it tried to move his federal case there, too, hoping for better odds in court,” Ramzi Kassem, one of Khalil’s attorneys, said in a statement. “The judge rightly rejected that approach and transferred the case to a court in the greater New York City area, close to Mahmoud’s home, where the case and, most importantly, Mahmoud himself, belong.”

The judge ordered the transfer of the case to take place immediately and waived a rule that normally allows seven days for a transfer.

“This is a first step, but we need to continue to demand justice for Mahmoud. His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me,” Noor Abdalla, Khalil’s pregnant wife, said in a statement provided by New York Civil Liberties Union, which is representing Khalil.

His detention was ordered by Secretary of State Marco Rubio. The Trump administration has been relying on a obscure section of US law which gives the Secretary wide authority to revoke a person’s immigration status if their “activities in the United States would have potentially serious adverse foreign policy consequences” to the country.

His detention has touched off protests across the country following a Trump administration order to crack down on student activism on college campuses in opposition to the Israel-Hamas war.

Khalil’s attorneys have filed multiple motions since his arrest – including a preliminary injunction seeking his release and to prohibit the Trump administration from executing its policy of arresting, detaining, and removing noncitizens who engage in constitutionally-protected speech in support of Palestinian rights or who are critical of Israel.

The preliminary injunction, as well as a request to have Khalil physically transferred back to New York from Louisiana, will be heard by a federal judge in New Jersey.

Khalil speaks from inside detention

As the case is transferred across the Hudson River to New Jersey, Khalil spoke from inside the ICE detention facility where he is being held more than a thousand miles away from where he was arrested, describing himself as “political prisoner” in a letter dictated to his attorneys over the phone and reviewed by CNN.

“My arrest was a direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza,” Khalil wrote.

Khalil accused Columbia University of targeting him for his activism and enabling his detention by disclosing student records to Congress. In the letter, Khalil also accused the Trump administration of targeting international students, saying his case is evidence that Americans’ right to free political speech is at risk.

“The Trump administration is targeting me as part of a broader strategy to suppress dissent. Visa-holders, green-card carriers, and citizens alike will all be targeted for their political beliefs,” Khalil wrote.

A spokesperson for Columbia University did not immediately respond to a request for comment.

Columbia has remained silent about Khalil’s arrest while acknowledging the presence of immigration officials on campus over the last several days. At least two additional students have been targeted for immigration action, including an Indian national on a legal student visa who traveled back to Canada out of fear she would be detained.

In his letter, Khalil argued the Trump administration is using his detention to send a chill across activist communities and those challenging the administration’s positions. He encouraged his supporters to remain active in protest.

“At stake are not just our voices, but the fundamental civil liberties of all. Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child,” he wrote.

CNN’s Lauren del Valle contributed to this report.

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