Recent Court Documents Allege Misconduct in Mahmoud Khalil鈥檚 Immigration Case
Last year, Immigration and Customs Enforcement (ICE) agents Mahmoud Khalil from his home in Manhattan and quickly spirited him away to a detention center in Louisiana, hundreds of miles from his then pregnant wife. From the beginning, the Trump administration targeted Mr. Khalil, a lawful permanent resident, for speaking out for Palestinian human rights, and criticizing Israel and U.S. support for Israel.
What was concealed then was that the administration had already put the wheels in motion to try to quickly punish, deport, and make an example of Mr. Khalil in violation of his due process rights. Documents published in a motion by Mr. Khalil鈥檚 legal team, which includes the NYCLU, show how administration officials warped and weaponized the immigration court system to try to quickly expel Mr. Khalil from the country. They pursued this outcome while trampling on Mr. Khalil鈥檚 rights and providing another chilling example of President Donald Trump鈥檚 unquenchable thirst for executive power.
Free Speech
Immigrants' Rights
Khalil v. Trump
Free Speech
Immigrants' Rights
Khalil v. Trump
This problem is bigger than Mr. Khalil. The Trump administration has used the immigration courts to go after many young people who have spoken up for Palestinian rights. Students like R眉meysa 脰zt眉rk and Mohsen Mahdawi simply exercised their First Amendment rights and highlighted the importance of academic freedom and open discourse. In response, Trump vilified and targeted them for their speech.
Trump Pressures Immigration Judges to Deport as Many as Possible
Mr. Khalil鈥檚 case is moving on two different tracks: He鈥檚 challenging the Trump administration鈥檚 attempts to deport him in both federal and immigration courts. But the new filing reveals that, with regard to his immigration court case, Mr. Khalil鈥檚 fate was all but sealed even before he appeared before a judge.
Unlike in federal court, immigration court judges of the executive branch. Under Trump, immigration judges are facing from the White House to order as many people deported as possible, or .
鈥淲e were told to鈥痜acilitate deportation,鈥 said one former immigration judge in last month鈥檚 court filing, describing the administration鈥檚 attitude towards immigration courts in general. 鈥淒ue process is dead in immigration courts.鈥
In Mr. Khalil鈥檚 federal case, we鈥檝e secured some important victories, including when a federal judge ordered his release in June 2025. But in his immigration case, judges have repeatedly found he can be deported because of his protected speech, without even considering the serious constitutional concerns raised by Mr. Khalil鈥檚 case.
New Evidence in Mahmoud Khalil鈥檚 Case Shows Abnormalities
The crux of our legal argument is that Mr. Khalil 鈥 who has never been accused, charged, or convicted of any crime 鈥 was ripped from his home purely as retaliation for his political speech. The new documents bolster this claim in multiple ways. They show, for example, that two days before Mr. Khalil was arrested, the FBI received an anonymous tip claiming that Mr. Khalil had called for 鈥渧iolence on behalf of Hamas.鈥
Nearly two weeks later, the FBI closed its investigation into the tip and鈥痙etermined鈥痶hat Mr. Khalil 鈥渄oes not warrant further FBI investigation.鈥 Despite this, the Trump administration continued at breakneck pace to try to deport Mr. Khalil, based on the utterly false and unsubstantiated premise that he 鈥渓ed activities aligned to Hamas.鈥
Mr. Khalil was targeted by the Trump administration鈥檚 mad dash to deport students and scholars tied to pro-Palestine protests. ICE鈥檚 Homeland Security Investigations (HSI) Office launched a 鈥淭iger Team鈥 in March 2025 to investigate a lengthy list of noncitizen protesters. The list came from multiple sources, but primarily relied on two highly controversial organizations, Canary Mission and Betar. The latter recently its offices in New York after a settlement with State Attorney General Tish James who that Betar had intimidated and even assaulted pro-Palestine advocates.
Shortly after these organizations put Mr. Khalil on ICE鈥檚 radar, agents put him under surveillance. Then Secretary of State Marco Rubio issued a absurdly claiming that Mr. Khalil鈥檚 constitutionally protected speech compromised 鈥渁 compelling U.S. foreign policy interest.鈥 That memo sealed Mr. Khalil鈥檚 fate and ICE promptly moved to detain him.
After ICE arrested Mr. Khalil, federal authorities quickly flew him to an immigration detention center in Louisiana. The facility was more than 1,000 miles from Mr. Khalil鈥檚 pregnant wife who would later give birth to their son while Mr. Khalil was still in detention.
Free Speech
Read Detained Activist Mahmoud Khalil鈥檚 Letter to His Son
Free Speech
Read Detained Activist Mahmoud Khalil鈥檚 Letter to His Son
Mr. Khalil鈥檚 immigration case was assigned to Acting Chief Immigration Judge Jamee Comans. The filing asserts that Judge Comans was 鈥渉and-picked鈥 by Trump administration officials to hear Mr. Khalil鈥檚 case.
At a rushed hearing in Mr. Khalil鈥檚 immigration case in April last year, Judge Comans read a pre-written decision that held that Mr. Khalil was deportable. She didn鈥檛 allow Mr. Khalil to obtain and present evidence before ruling on the case. Former immigration judge Dana Leigh Marks called Comans鈥 decision to immediately rule Mr. Khalil removable 鈥渉ighly unusual.鈥 Comans was promoted to a senior leadership role at the immigration agency shortly after ordering Mr. Khalil鈥檚 removal.
Mr. Khalil鈥檚 case continued its strange and seemingly predetermined trajectory after he appealed Comans鈥 decision to the Board of Immigration Appeals (BIA) in October. The average time it takes for the BIA to rule on a case like Mr. Khalil鈥檚 is more than two years. But the BIA ruled that Mr. Khalil can be deported just nine days after the legal team finished submitting its written arguments. In another startling irregularity, at least three BIA judges recused themselves from Mr. Khalil鈥檚 appeal, which former immigration judges and members of the BIA have confirmed heavily suggests they had previously and improperly advised Comans on how to rule in his case.
Mahmoud Khalil Is Free, But Continues to Seek Justice聽
The new evidence in our filing repeatedly suggests the immigration judge and BIA had already decided to order Mr. Khalil鈥檚 deportation before he ever had a chance to make his case. Not only is it unjust, it鈥檚 a direct threat to Mr. Khalil鈥檚 right to speak out. That should concern everyone who cares about their First Amendment right to say things the government doesn鈥檛 like.
Fortunately, Mr. Khalil remains free. In May in his federal case, which means the government can't re-detain or deport him while his to the Supreme Court. In light of the new evidence in our motion, the BIA to re-open Mr. Khalil鈥檚 immigration case and terminate the proceedings against him.
Trump鈥檚 attempts to bend the U.S. immigration courts to his will are staggering, and Mr. Khalil鈥檚 case shows the extraordinary lengths the White House will go to mold the courts in the president鈥檚 image. Nevertheless, Mr. Khalil is undeterred and has vowed to keep fighting, and so will we.
Editor鈥檚 Note: Mahmoud Khalil is represented by the NYCLU, Van Der Hout LLP, Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Washington Square Legal Services, the 桃子视频 (ACLU), the 桃子视频of New Jersey, and the 桃子视频of Louisiana.