NEW YORK — The American Civil Liberties Union said in an April 9 press release that the Board of Immigration Appeals denied Mahmoud Khalil’s effort to dismiss his deportation case, after he was placed under an administrative removal order following his outspoken advocacy for Palestinian rights.
The ACLU argued the judgment issued by the BIA to deport Khalil “…was based on both of the government’s immigration charges against him, which Mr. Khalil has argued are unconstitutional retaliation against his speech.”
The organization said the alleged unconstitutionality of the two charges was further underscored because the BIA’s first order relied on a basis that had been ruled “likely…unconstitutional,” while its second order lacked merit and was added only “after Mr. Khalil challenged the foreign policy ground.” According to internal federal documents, the government was unable to provide evidence supporting the second charge, though that did not prevent Khalil from being detained.
Khalil said he had done nothing wrong and was exercising his right to free speech by speaking out against what he described as genocide in Palestine. He said the BIA punished him by weaponizing the immigration system.
“My family is here. My life is here. I reject any attempt to intimidate me out of my home based on lies and ideological attacks. This is not justice. This is just another attempt to retaliate against me,” Khalil said.
The ACLU also said that following President Donald Trump’s return to control of the executive branch, the administration had “gutted” the Board of Immigration Appeals and “…[transformed] it into a tool for accelerating deportations.” The group said that in recent months, many BIA rulings have gone against noncitizens facing deportation.
Brett Max Kaufman, senior counsel with the ACLU’s Center for Democracy, said Khalil’s case illustrates broader constitutional concerns.
“Without the protection of a habeas court, the government could do this to anyone, which is why today’s decision is an important reminder of the stakes of Mahmoud’s habeas case. We will continue to use all legal levers available to protect our client and defend the First Amendment against this cruel and relentless campaign,” Kaufman said.
The ACLU said the New Jersey district court’s earlier orders blocking the government from deporting or re-detaining Khalil remain in effect.
“In the Third Circuit, Mr. Khalil has asked the full appeals court to consider his case, after a split decision from a three-judge panel found that the district court lacked jurisdiction over the habeas petition seeking his release,” the ACLU said.
Despite the BIA’s administrative removal order, which Khalil has challenged as unconstitutional, he said he intends to continue fighting the case.
“I will continue fighting for my rights in court, and I will not be deterred — for me, my family, and all immigrants in this country who want to speak out against injustice,” Khalil said.
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