U.S. Immigration and Customs Enforcement agents did not have a warrant when they arrested Palestinian activist and green-card holder Mahmoud Khalil on March 8, according to court papers filed by the Department of Homeland Security on Thursday—an admission that elicited outrage from members of Khalil's legal team.
Marc Van Der Hout, an attorney representing Khalil, said Thursday that "DHS agents who arrested Mahmoud lied to him: They wrote in their arrest report that the agents told him that they had an arrest warrant, but DHS has now admitted in their filing that that was a lie and that there was no warrant at all at the time of the arrest."
"The government's admission is astounding," added Van Der Hout.
Officers with DHS served Khalil with a warrant after his arrest when he arrived at an ICE facility in New York for processing, according to court filings. In the filing, an attorney for DHS argued that "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."
According to the government, immigration agents did not need a warrant to arrest Khalil because his conduct gave them reason to believe it was likely he would flee. The government also alleged that Khalil "refused to cooperate" with immigration agents arresting him—an account that Khalil's supporters say contradicts a video of his arrest that was taken by his wife, Noor Abdalla.
"ICE has admitted it detained Mahmoud illegally and without a warrant—to justify it, they are now flat out lying with an absurd claim that he tried to flee. At every step of the way, the Trump administration has flouted the law," said Samah Sisay, a staff attorney at the Center for Constitutional Rights.
Another attorney for Khalil, Amy Greer, said she was on the phone with Khalil, his wife, and even spoke to the agent making the arrest on March 8.
"In the face of multiple agents in plain clothes who clearly intended to abduct him, and despite the fact that those agents repeatedly failed to show us a warrant, Mahmoud remained calm and complied with their orders," she said Thursday. "Today we now know why they never showed Mahmoud that warrant—they didn't have one."
According to CNN, these latest documents were filed to fulfill a request from the New Jersey federal district court judge overseeing Khalil's federal case, who directed Khalil's legal team and attorneys at the Department of Justice to submit all filings that were presented in his immigration case in Louisiana, where he is currently being held at an ICE detention center.
In federal court, Khalil's attorneys are challenging the legality of his detention and have sought his release on bail.
Khalil, who completed work on his masters degree from Columbia University in December, was active in pro-Palestine organizing on the school's campus last year. Another Palestinian green-card holder active in Columbia's student protest movement, Mohsen Mahdawi, was also recently arrested by federal immigration agents.
Abdalla was eight months pregnant when Khalil was detained. ICE denied Kahlil's request for a temporary furlough to be with his wife while she gave birth on April 21.
