The Trump administration’s case to deport Columbia University graduate and activist leader Mahmoud Khalil relies solely on a controversial letter from Secretary of State Marco Rubio, which reiterates unsubstantiated claims of Khalil’s supposed antisemitism.
This letter, a 1 ½-page declaration, was presented by the Department of Homeland Security (DHS) at a Louisiana immigration court, specifically at the LaSalle ICE facility, on Wednesday evening.
The document is undated, raising questions about whether it was drafted before or after Khalil’s arrest on March 8. Since the day following his arrest, Khalil has been held at the Louisiana ICE facility.
During a hearing on Tuesday, Judge Jamee Comans ordered the government to present supporting evidence for its deportation bid by Wednesday.
According to sources, Rubio’s letter was the only evidence provided by DHS attorneys to justify the government’s attempts to deport Khalil.
Judge Comans will determine on Friday if the evidence is sufficient enough to deport Khalil.
If she rules against the government, Khalil could potentially be released as early as that same day.
“If he’s not removable, I don’t want him to continue to be detained — I will have him released,” Comans stated, addressing attorneys for both Khalil and the government during the Tuesday hearing, as reported by multiple sources.
The contents of Rubio’s letter do not introduce any new allegations or substantive evidence to bolster legal grounds for deportation against Khalil, who is a legal permanent resident of the United States.
Instead, Rubio referenced the “adverse foreign policy” provision in the Immigration Nationality Act, the same provision cited previously by the government for Khalil’s imprisonment in Louisiana.
The Trump administration’s legal team has invoked this provision in various court documents related to Khalil’s habeas petition case in New Jersey, where Khalil’s attorneys are advocating for his release.
This rarely utilized immigration law provision grants the Secretary of State the authority to request the deportation of individuals who are not U.S. citizens if there are “reasonable grounds” to believe that their presence could harm U.S. foreign policy interests.
Rubio’s letter contends that Khalil’s actions amount to engaging in “antisemitism” and asserts a U.S. foreign policy stance that seeks to prevent individuals who engage in such activities from entering the country.
The letter also mentions a second individual targeted for deportation, although their name has been redacted by the government.
It’s worth noting that the government frequently conflates Khalil’s advocacy for Palestine with antisemitism.
“The public actions and continued presence of [redacted name] and Khalil in the United States undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States,” Rubio wrote.
Rubio also pointed to Trump’s “America First” executive order, which emphasizes prioritizing American interests in foreign policy.
“Condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective,” Rubio asserted.
At this time, the State Department has not provided a comment in response to The Intercept’s request.
In previous statements, Rubio has publicly branded Khalil as “a supporter of Hamas,” the Palestinian militant group that governs the Gaza Strip—a claim frequently made by the Trump administration regarding student activists opposed to U.S. support for Israel’s actions in Gaza.
A week after Khalil’s arrest, Rubio declined to answer a question about whether the government possessed evidence linking Khalil to Hamas, instead choosing to accuse him of leading efforts to “take over” Columbia’s campus.
Khalil has been a prominent figure in negotiations between the Palestinian solidarity encampment at Columbia University and the school administration during the spring of 2024, advocating for transparent divestment from companies that benefit from Israel’s military operations in Gaza.
Protesters had briefly occupied Hamilton Hall, referred to as Hind’s Hall following their actions, until NYPD officers stormed the building, resulting in the violent arrest of numerous students.
Khalil himself faced a temporary suspension during the demonstrations—a decision that school officials soon rescinded, issuing an apology for the initial disciplinary action.
Furthermore, Trump administration attorneys have previously claimed that Khalil inaccurately reported his work history when applying for his green card, alleging that he failed to disclose experience at both the Syria office of the British Embassy in Beirut and at the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA).
However, the government did not include these allegations in their filing during the immigration court appearance on Wednesday.
Following the Tuesday hearing, Marc Van Der Hout, a lead attorney representing Khalil, remarked that the government has yet to provide “a single shred of evidence” to substantiate any allegations against Khalil, including the assertion that his mere presence and activities could have significant adverse foreign policy implications.
Additionally, Van Der Hout criticized Judge Comans for what he believes is an expedited process that limits the legal team’s opportunity to adequately defend Khalil against deportation.
“Yet the Immigration judge today stated she intends to rule Friday on the merits of this outlandish charge with no realistic opportunity for Mahmoud and his lawyers to contest this baseless charge,” Van Der Hout stated in a Tuesday press release.
“If this turns out to be what happens Friday, it would be an uncalled-for rush to judgement that would completely deprive Mahmoud of any due process, which is a foundation of our legal system.”
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