Judge orders Columbia grad Mahmoud Khalil's deportation challenge moved to NJ

A federal judge on Wednesday ordered a lawsuit challenging the deportation of former Columbia University graduate student Mahmoud Khalil to be moved from a district court in New York to New Jersey, where the antiwar activist was first detained after he was arrested by immigration officers earlier this month.

U.S. District Judge Jesse Furman, sitting in New York, said the claim should be held in New Jersey because that’s where Khalil was detained when his attorneys submitted their initial petition challenging Khalil's arrest and the efforts to deport him. Khalil subsequently was transferred to detention facilities in Louisiana.

Khalil, whose case has sparked charges of free speech violations and abuse of authority by the Trump administration, was taken into custody by U.S. Immigration and Customs Enforcement agents at his Columbia University-owned apartment on March 8.

Government officials said Khalil’s “green card” or permanent resident status had been revoked, ostensibly due to his antiwar activities and alleged support for Hamas — which the United States has branded a terrorist organization — in its war with Israel.

Khalil's attorney argued that the case should be fought in New York because Khalil was initially arrested and detained in New York before being transferred to New Jersey and then Louisiana, where the Trump administration sought to move the litigation.

Furman’s ruling keeps the case in the Third Circuit Court of Appeals, generally regarded as among the most liberal courts in the country. Louisiana is part of the Fifth Circuit, regarded as one of the most conservative in the nation.

“Given the undisputed fact that Khalil was detained in the District of New Jersey at the time his lawyer filed the petition, this court lacks jurisdiction over most, if not all, of Khalil’s claims,” Furman said in his ruling.

Furman previously ordered that Khalil could not be deported from the United States "until the court orders otherwise."

Khalil’s arrest has been held up as an exemplar of the Trump administration’s crackdown on free speech, and an extraordinary use of immigration enforcement power. Khalil has been charged with no crime.

“This is just the beginning, but it is a moment to celebrate,” Brett Max Kaufman, an American Civil Liberties Union attorney representing Khalil, said in a statement. “The court’s ruling sends a critical message to courts across the country, who are sure to face similar unprecedented challenges to their authority in the days that come, that the judiciary must not shy from its constitutional role.”

In justifying Khalil’s detention, Trump officials and federal prosecutors have invoked an obscure and rarely used provision of the Immigration and Nationality Act, which allows the secretary of state to deport noncitizens who may have “serious adverse foreign policy consequences for the United States.”

Following his arrest, Department of Homeland Security spokesperson Tricia McLaughlin said in a statement that "Khalil led activities aligned to Hamas, a designated terrorist organization," but offered no support for the claim.

At a later press conference, White House Press Secretary Karoline Leavitt said Khalil organized protests where he distributed “pro-Hamas propaganda,” a claim Khalil’s attorneys have vehemently denied.

Khalil, who was born in Syria and is of Palestinian descent, has been a prominent organizer and student activist in pro-Palestinian protests on campus.

A federal court in New Jersey will now decide whether Khalil will be moved from Louisiana and released on bail.