A Louisiana immigration judge ordered the federal government on Tuesday to provide evidence justifying an attempt to deport Columbia University student activists by Wednesday.
At the hearing, Judge Jamie Comans gave the federal government 24 hours to take over evidence against Mahmoud Khalil, a permanent resident of the United States and a prominent pro-Palestinian activist, said Mark van der Hout, one of Khalil’s lawyers who attended the hearing.
“The government has not made one shred evidence to date to support either that allegation or accusation in this case, including the outrageous position that Mahmoud’s mere presence and activity in this country will result in potentially serious and unfavourable foreign policy consequences,” van der Hut said.
The Department of Justice did not immediately respond to requests for comment.
Halil, 30, holds a green card that grants him permanent residency in the United States, and was arrested outside a university-owned apartment in New York City in March and moved to a Louisiana detention center.
The Trump administration cited a rarely used provision of immigration law that allows the Secretary of State to deport someone if the person is deemed to “have a serious, unfavorable foreign policy impact on the United States.”
The government also alleges that Halil withheld information about his membership in certain organizations and did not disclose employment at the Syrian office of the British Embassy in Beirut in his application for permanent resident.
Khalil’s lawyer said the government’s claims “mainly indicates that the government must know the basis for the ‘foreign policy’ for the removal of Mahmoud.”
The Department of Homeland Security said Halil “led activities along Hamas, the designated terrorist organization,” but Halil’s lawyers said there was no evidence to provide any support to the terrorist organization.
White House Press Secretary Caroline Leavitt argues that Halil is “a group protest that not only confused classes on university campus and harassed Jewish American students, but made them feel unsafe on their university campus” and “Pro Hama propaganda with Hamas logo, dispersed Pro Hama propaganda.”
Halil is not publicly known to face criminal charges.
Immigration judge Comans had scheduled a hearing Friday. She decides whether Halil can be removed from the United States or ordered to be released. If he is deemed deportable, Khalil’s legal team can apply for removal relief.
One of his lawyers, Van Der Hout, said that Komans’ intentions to control later this week “have no practical opportunity for Mahmoud and his lawyers to challenge this unfounded accusation.”
“If this turns out to happen on Friday, it will not lead to a judgment that it will be completely taken away from Mahmoud, the foundation of our legal system,” van der Haut said.
Halil and his wife, a US citizen, are awaiting the birth of their first child this month. Earlier on Tuesday, his wife, Noor Abdallah, wrote to Khalil.
“I miss you more and more every day,” she writes.
