NEW YORK — Federal immigration authorities didn’t have a warrant for the arrest of Palestinian activist Mahmoud Khalil when he was taken into custody within the foyer of his Columbia College-owned condominium constructing final month, in keeping with new filings Thursday in federal courtroom.
Marc Van Der Hout, one among Khalil’s attorneys, accused Immigration and Customs Enforcement brokers of deceptive their shopper. Court docket paperwork present the feds logged of their arrest report that brokers advised Khalil there was a warrant for his arrest — but the most recent filings counsel no warrant was executed till he was transported right down to an ICE workplace in Decrease Manhattan for processing.
“The government’s admission is astounding,” Van Der Hout stated in an announcement, “and it is completely outrageous that they tried to assert to the immigration judge — and the world — in their initial filing of the arrest report that there was an arrest warrant when there was none.”
In response, Van Der Hout known as on the immigration courtroom to terminate proceedings. The choose in that case, Jamee E. Comans, dominated earlier this month that Khalil might be pressured overseas as a international coverage danger.
The Trump administration maintains that an immigration arrest with no warrant was commonplace, stating: “It is the pattern and practice of DHS to fully process a respondent once in custody.” The Division of Homeland Safety and ICE, which is beneath the umbrella of DHS, didn’t instantly return a request for remark.
“Generally, a warrant of arrest must be obtained,” the courtroom paperwork learn. “However, an exception to the warrant requirement exists where the immigration officer has reason to believe that the individual is likely to escape before a warrant can be obtained.”
The filings had been made forward of a deadline this week in Khalil’s immigration case in Louisiana, which gave the Trump administration extra time to submit proof on its second floor for deporting Khalil: claims that he made misrepresentations on his inexperienced card utility. Attorneys for Khalil deny the claims.
Individually, the federal choose in Khalil’s case in New Jersey — an unbiased authorized motion the place the activist is difficult the constitutionality of his detention — requested for copies of the filings the next day, on Thursday.
Khalil additionally submitted an utility for asylum in the US, which was sealed to the general public, his attorneys stated.
Amy Greer, one other lawyer for Khalil — who he had retained in response to a separate Columbia disciplinary motion earlier than being detained by the feds — stated she was on the cellphone with Khalil, his spouse and an agent on the night time of the arrest.
“Those agents repeatedly failed to show us a warrant,” Greer stated. “Today we now know why they never showed Mahmoud that warrant — they didn’t have one.”
As a part of their rationale for a warrantless arrest, the federal government provided new claims that Khalil refused to cooperate with the federal brokers and threatened to “leave the scene.” The supervisory agent, the courtroom filings stated, “believed there was a flight risk and arrest was necessary.”
Khalil’s attorneys denied the brand new allegations: “No one should take seriously the government’s patent lie, which it offers for the first time many weeks after the fact, that somehow Mahmoud was anything other than compliant when ICE agents unlawfully abducted him under cover of darkness,” stated Ramzi Kassem, co-director of CLEAR, and one other lawyer for Khalil.
Khalil continues to be held in an ICE detention facility in Jena, Louisiana, the place he missed the start of his first baby on Monday after federal authorities denied his request for non permanent launch.
Khalil, 30, was detained by ICE brokers on March 8 after returning house to his Columbia-owned condominium from an iftar dinner together with his spouse, a U.S. citizen from the Midwest. He was residing within the U.S. as a lawful everlasting resident with a inexperienced card. He was set to graduate in Might after finishing his grasp’s at Columbia’s Faculty of Worldwide and Public Affairs in December.
The scholar performed a number one position in final 12 months’s campus protests concerning the rising demise toll in Gaza in Israel’s struggle towards Hamas and the college’s funding ties to Israel, performing as a mediator between Columbia directors and pupil protesters.
The federal government has not accused Khalil of committing any crimes. It says that even when Khalil’s actions within the U.S. had been “otherwise lawful,” his political views might have unfavorable repercussions for the Trump administration’s international coverage aims.
Khalil was the primary worldwide pupil focused within the present crackdown, which has seen a whole bunch detained, together with a Russian scientist engaged on groundbreaking most cancers analysis at Harvard who has been in ICE detention for 2 months.
