The block on detaining green card holder Mahmoud Khalil was revoked by the same judge that initially ordered it. The decision came after the government issued an appeal against the initial injunction on June 13, 2023. The judge explained that the order was unnecessary since Khalil still has multiple paths for release available.
The Columbia graduate student was initially arrested on foreign policy grounds and failing to disclose his employment history on his green card application. He then filed a habeas corpus bid which argued detaining a green card holder for foreign policy reasons was unconstitutional. Neither Khalil’s bid nor the order mandating his release mentioned the application issues. The U.S. Department of Justice (DOJ) stated that Immigration and Customs Enforcement (ICE) agents can still legally hold Khalil, just over the application omissions.
Khalil omitted that he served as a political affairs officer for the United Nations Relief and Works Agency for Palestinian Refugees. He also failed to disclose his employment under the Syria office of the British Embassy in Lebanon from the application. The judge ruled that detaining Khalil on these grounds was still lawful.
The initial court order was the first time a U.S. judge declared that noncitizens couldn’t be detained on foreign policy grounds alone. It’s uncertain whether this precedent will stick given the evidence against Khalil. It’s also uncertain if Khalil will still be guaranteed the rights of a green card holder, since the omissions on his application could invalidate his status.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.