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NPR: Judge rules Mahmoud Khalil can be deported By HatetheSwamp April 11, 2025 1:14 pm Category: International (0.0 from 0 votes) Rules of the Post Write A New Article How To Post Here

Khalil, who as a Columbia University graduate student led pro-Palestinian protests there last year, was detained last month after Secretary of State Marco Rubio said he had determined that Khalil's activism was antisemitic and that allowing him to remain in the country would undermine a U.S. foreign policy goal of combatting antisemitism around the world.

...Judge Jamee Comans said she had no authority to question Rubio's determination.

In ordering Khalil's deportation, Rubio relied on a rarely used federal statute from the 1950s that played a major role in shaping American immigration during the Cold War. The McCarran-Walter Act, or the Immigration Nationality Act of 1952, gives the secretary of state authority to decide that a noncitizen's presence in the United States threatens the country's foreign policy goals.

Khalil, 30, was arrested March 8 at the university-owned apartment building in New York City where he lives with his wife, a U.S. citizen who is pregnant. He was transported to the Jena/LaSalle Detention Facility in Jena, La., where he has been held since.

Read the whole article but understand, it's from Curt's ultra-lib Holy Trinity.

Cited and related links:

1. npr.org

Comments Start Below

by Curt_Anderson on April 11, 2025 2:57 pm This is far from the last word on the matter. Immigration judges, including Jamee Comans, are employees of the executive branch, not the judiciary, and often approve the Homeland Security Department’s deportation efforts. It would be unusual for such a judge, serving the U.S. Attorney General, to grapple with the constitutional questions raised by Khalil’s case. She would also run the risk of being fired by an administration that has targeted dissenters. Also, why is this case against a Columbia student and New York resident being tried in Louisiana? It was just days ago somebody from the right was decrying "judge shopping" in another immigration case. selectsmart.com by HatetheSwamp on April 11, 2025 4:53 pm I'm not po, now. I'm not a law prof at an Ivy League school. Still, my understanding is that because Khalil isn't a US citizen, the level of due process he may receive is at a lower level... and is administrated by, is it the Department of State?, a part of the Executive Branch. "I could be wrong now, but I don't think so. (Cuz it's a jungle out there.)" View Video by Curt_Anderson on April 11, 2025 5:50 pm The language of the 14th Amendment reads: "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Rather broad and encompassing language, don't you think? by oldedude on April 11, 2025 6:53 pm I'm sorry, you were overruled by a district judge. Suck it up buttercup. and STUFU. you have no standing or interest in this court. by HatetheSwamp on April 12, 2025 3:19 am Curt, Ole pb's Legal Goobers agree that even Legal foreigners must receive due process. However, not at the same level as citizens and, certainly, not a jury trial. I dunno. Except that pb's almost always right about legal issues, because the Goobers are the Goobers. by oldedude on April 12, 2025 10:47 am curt- I agree with lead as I've said before. Of anyone, he's been given full due process rights. He worked for an entity that is known to harbor terrorist ties. He has had lawyers quickly after DHS took him. He got his time in court. A judge felt the government had enough evidence to deport Khalil. I also find it amazing once again that you are supporting terrorists, murderers, rapists, and slave traders. And then tries to hold the moral ground on anything. by HatetheSwamp on April 12, 2025 11:10 am "I also find it amazing once again that you are supporting terrorists, murderers, rapists, and slave traders. And then tries to hold the moral ground on anything." Bang on. And, Curt, if you're not supporting "terrorists, murderers, rapists, and slave traders," please tell us what you're doing. Neither OD nor pb support Trump, but I think that we agree that he's taken control of the issues in which 70, 80 or more Americans agree. My guess is that Americans agree that Khalil should receive due process before an immigration judge. He has. Tell us, if you would, what are you for. by Curt_Anderson on April 12, 2025 11:39 am HtS, I believe that even accused terrorists, murderers, rapists, and slave traders should be afforded due process. Immigration Judge Jamee Comans is employed by the executive branch which is controlled by the Trump administration. That wasn't Khalil's trial, it was a decision to determine if Khalil can be deported. Khalil will get his hearing in federal court in New Jersey, in front of a judge who is part of the third branch of government, the judiciary. There Khalil will be able to make his case, probably on First Amendment grounds. I am fine with that, and I expect most constitutionally literate American would agree with me. by HatetheSwamp on April 12, 2025 12:06 pm "Khalil will get his hearing in federal court in New Jersey, in front of a judge who is part of the third branch of government, the judiciary." Based on what are you making this assertion. Is he going to face a jury of his peers? Who are they? My Goobers are telling me that he has no right to a trial before a judge in the judicial branch. If a judge hears him, it'll be another case of a judge assuming jurisdiction s/he doesn't have, as in the cases the Supreme Court just shot down. by Curt_Anderson on April 12, 2025 12:24 pm Khalil is being held at the Central Louisiana ICE Processing Facility in Jena. But he also has a suit pending in federal court in New Jersey, where he was held for a few hours at an immigrant detention center in Elizabeth before being transferred south. In that case, U.S. District Judge Michael Farbiarz has blocked deportation while he considers Khalil's claim that his arrest was unconstitutional. Attorney Marc Van Der Hout, one of the many lawyers representing activist Mahmoud Khalil, referred to the Louisiana immigration court proceedings as “a sham. “It was a kangaroo court,” Van Der Hout told reporters Friday. Khalil is arguing before Farbiarz that the Trump administration is targeting him for speech protected by the First Amendment. Khalil led anti-Israel protests on Columbia’s campus. “Our real remedy is in district court, in federal district court, and that’s the only place we’re going to get any real justice or that he is going to get any real justice,” Van Der Hout said. northjersey.com newjerseymonitor.com by oldedude on April 12, 2025 12:43 pm I believe that even accused terrorists, murderers, rapists, and slave traders should be afforded due process. On that we agree. The difference is that I don't jump on the homer-bandwagon for them. I also don't "dismiss" their victims by the superchicken defense. (they knew the job was dangerous when they took it) which you've done repeatedly. by HatetheSwamp on April 12, 2025 12:54 pm But he also has a suit pending in federal court in New Jersey, where he was held for a few hours at an immigrant detention center in Elizabeth before being transferred south. A civil suit? Let him stretch things out. But, he's a goner. by Curt_Anderson on April 12, 2025 1:12 pm "I also don't "dismiss" their victims by the superchicken defense." --OD You don't? Who are the victims of Mahmoud Khalil? SAY THEIR NAMES! by meagain on April 12, 2025 2:23 pm "Ole pb's Legal Goobers agree that even Legal foreigners must receive due process. However, not at the same level as citizens and, certainly, not a jury trial." You are unbelievable in your anti-democratic, discriminatory ideas about the application of the law. Due process does not exist without complete equality of application. It is fundamental to it that its application is equal for all and non-discriminatory. "Justice is blind." Not blind justice. by HatetheSwamp on April 12, 2025 2:32 pm You are unbelievable in your anti-democratic, discriminatory ideas about the application of the law. This is not my idea. I only report when legal matters are at hand. Due process does not exist without complete equality of application. It is fundamental to it that its application is equal for all and non-discriminatory. Huh One aspect of the liberties guaranteed down here by the Bill of Rights is a trial by a jury of one's peers. That's ridiculous for a non-citizen. Mahmoud Khalil is a citizen of Algeria. It's absurd to suggest that he can have a jury of his peers in the US. Bahaha ha. by oldedude on April 12, 2025 3:49 pm And then you can arrest the jury for being terrorists!🤣 And then there's that little thing under the "red flag laws" where there is no due process of law. A soon to be ex wife can file under this statute saying you have anger issues and without consultation, notice or warning, Law Enforcement can enter the house without a warrant and search the property for guns. But it takes a judge to allow the rights back. I understand why the law is in existence, but the no-notice appropriation of legal property based on someone's word and without a warrant is pretty extreme to me. by oldedude on April 12, 2025 3:54 pm "I also don't "dismiss" their victims by the superchicken defense." --OD I was talking about your dismissal of the women raped while crossing the border and you not giving two shits about them. by meagain on April 12, 2025 4:14 pm "One aspect of the liberties guaranteed down here by the Bill of Rights is a trial by a jury of one's peers. That's ridiculous for a non-citizen. " Try to find a justification for calling it ridiculous. You won't be able to. Due process is fundamental to the rule of law. Once you impose any limit, no matter how non consequential, then it opens it to abuse. You might find the Slaughterhouse case instructive. Due process was suspended and later revived. Your arguments will be there and the later rnewal will explain why it is equal or nothing. It is many years since I read them, but it is all there. by HatetheSwamp on April 12, 2025 4:27 pm My Legal Goobers are saying that due process for an alien ain't what it is for a citizen. That's all. No one I know wants to deny due process to anyone. by oldedude on April 12, 2025 6:17 pm I already covered this, but for the third time. According to SCOTUS, they have to appear before a judge. Fine. Prosecution gives their case, questions are asked of the defendant. If the judge feels there are sufficient grounds, there's deportation according to our law. This is different than a criminal trial. It's an administrative move by the government. Burden of proof is a lot lower also. Non-citizens are here at the pleasure of the US (or whatever country they're living in). There's nothing about a trial, jury, or anything like that. by meagain on April 12, 2025 6:58 pm Then get new Legal Goobers. by oldedude on April 13, 2025 11:14 am Read #16. There are lots of examples of using a judge in our system. If he wants to lawyer up and go to trial, fine. He has the ability to do that. You're acting like he's being beaten or that he's going to reenact the crucifixion. His lawyers are kind of whiney, but they can recommend that to him. The flip side of a jury trial is that we're not looking at a death sentence or anything like that. He's staying locked up because HE chooses to fight this. I don't really care. It's getting to be summer down in Louisiana. It's going to get really frikking hot down there, and humid. His choice. Go To Top

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