Immigration Under Trump
Immigration Under Trump Podcast
The Arrest of Mahmoud Khalil has got Nothing to do with Immigration Law.
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The Arrest of Mahmoud Khalil has got Nothing to do with Immigration Law.

But Everything to do about Silencing Political Opinion.

The arrest of Mahmoud Khalil, a Palestinian activist and lawful permanent resident of the United States, by Immigration and Customs Enforcement (ICE) on March 8, 2025, has made the news cycles—not about immigration law per se, but about how immigration law is being used as a tool for political messaging.

Khalil, a graduate of Columbia University's School of International and Public Affairs, was a leading figure in organizing pro-Palestinian protests at the university.

While he has not been charged with any crime, the circumstances surrounding his arrest suggest that this is not just an immigration case but a broader statement aimed at political dissidents in the United States.

Indeed, his detention without charges highlights a growing trend of using immigration law as a mechanism to silence activists, intimidate political dissidents, and send a chilling message to those who challenge government policies.

Historically, immigration enforcement has been leveraged as a tool for political suppression, particularly against immigrants engaged in civil rights movements, labor activism, or protests against U.S. foreign policy.

  • The Palmer Raids (1919-1920): Immigrants were targeted for deportation due to alleged political radicalism during the first Red Scare.

  • McCarthy-Era Deportations (1950s): Foreign nationals suspected of Communist sympathies were removed under politically motivated immigration enforcement.

  • Post-9/11 Muslim Deportations: Hundreds of Arab and South Asian immigrants were detained or deported under national security justifications, despite no evidence of terrorism involvement.1

Khalil’s arrest appears to follow this historical pattern, wherein a ruling party utilizes immigration law to police political dissent rather than enforce legitimate violations of immigration status.

At this minute:

  • As I understand it, Mahmoud’s immigration attorney has filed a habeas corpus petition challenging the legality of his detention.

  • A federal judge in New York City has temporarily blocked Khalil's deportation while considering his case, with a hearing scheduled for Wednesday. ​

  • We now know that he is being held in an immigration detention center in Jena, Louisiana.

The potential irony: Mahmoud Khalil’s Case Could Strengthen Green Card Holders’ Rights if it Reaches the Supreme Court. Listen here

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This is why I went into Immigration law

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