The Justice Department’s Board of Immigration Appeals (BIA) has issued a final order of removal for Mahmoud Khalil, a 31-year-old lawful permanent resident and Columbia University graduate, advancing efforts by the Trump administration to deport him from the United States [1]. Khalil has been a prominent figure in anti-Israel campus protests related to the war in Gaza and was the first individual whose arrest became publicly known as part of a broader federal crackdown on noncitizens involved in such protests [1].
Khalil’s legal team, including lead attorney Marc Van Der Hout and the American Civil Liberties Union (ACLU), strongly criticized the BIA’s decision, labeling it as "baseless and politically motivated" and arguing that it violates a federal court order [1]. Khalil’s attorneys maintain that the government lacks evidence to support its case and is retaliating against Khalil’s speech [1]. The Trump administration has claimed Khalil’s protest activity was "aligned with Hamas," but authorities have not publicly detailed specific evidence linking him to the group [1]. Khalil has denied allegations of antisemitism and wrongdoing, asserting that the case is an attempt to silence him [1].
Officials have cited a rare foreign policy provision of U.S. immigration law, known as a "Rubio determination," and alleged issues with Khalil’s green card application as part of the justification for deportation [1]. Despite the BIA ruling, Khalil cannot be deported while his separate federal habeas case continues in court [1]. Previously, a federal judge in New Jersey found the government’s justification for detaining Khalil was likely unconstitutional and ordered his release after he spent 104 days in immigration detention, missing the birth of his first child [1]. However, a U.S. appeals panel later ruled that the New Jersey judge overstepped his authority, stating the case must proceed through the immigration court system before being challenged in federal court [1]. Khalil’s lawyers are now seeking a reconsideration of that decision and have requested one judge recuse himself due to prior involvement in investigating student protesters [1].
CONCLUSION
The BIA’s ruling marks a significant step in the Trump administration’s push to deport Mahmoud Khalil, but ongoing legal proceedings prevent immediate deportation. Khalil’s legal team continues to challenge the decision, citing constitutional concerns and lack of evidence. The case highlights tensions surrounding federal crackdowns on campus protests and the intersection of immigration law and political activism.