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A member of his legal team noted that "the immigration prosecutor, judge, and jailer all answer to Donald Trump, and that one man is eager to weaponize the system in a desperate bid to silence Mahmoud Khalil."
Mahmoud Khalil and his lawyers on Wednesday affirmed their plan to fight an immigration court ruling that paves the way for his deportation, months after plainclothes agents accosted the lawful permanent resident and his US citizen wife outside their home in New York City.
"It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech. Their latest attempt, through a kangaroo immigration court, exposes their true colors once again," Khalil said in a statement.
"When their first effort to deport me was set to fail, they resorted to fabricating baseless and ridiculous allegations in a bid to silence me for speaking out and standing firmly with Palestine, demanding an end to the ongoing genocide," he continued. "Such fascist tactics will never deter me from continuing to advocate for my people's liberation."
While President Donald Trump has a broad goal of mass deportations, his administration has targeted Khalil, a former Columbia University graduate student with a valid green card, and other foreign scholars in the United States for criticizing Israel's US-backed genocide in the Gaza Strip.
"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court."
Federal agents arrested Khalil, an Algerian citizen of Palestinian descent, in March. He wasn't released from a federal immigration facility until June. During his 104-day detention, his wife, Noor Abdalla, gave birth to their son. Over the past six months, he has been a part of multiple legal battles: his challenge to being deported in a Louisiana immigration court; a civil rights case before US District Judge Michael Farbiarz in New Jersey; and a fight for $20 million in damages.
In a Wednesday letter to Farbiarz—an appointee of former President Joe Biden who has already blocked his deportation while the civil rights case proceeds—Khalil's legal team explained that on September 12, Jamee Comans, an immigration judge (IJ), "issued three separate orders denying petitioner's (1) motion for an extension of time, (2) motion to change venue, and (3) application for a waiver, without conducting an evidentiary hearing."
"In denying petitioner's request for a waiver absent a hearing, as well as his motions for extension of time and for change of venue, the IJ ordered petitioner removed to Algeria or Syria... while reaffirming her decisions denying petitioner any form of relief from removal," the letter says. Khalil now has 30 days from September 12 to start an appeal with the Board of Immigration Appeals (BIA).
Noting "statements targeting petitioner by name for retaliation and deportation made by the president and several senior US government officials," Khalil's lawyers "have ample reason to expect that the BIA process—and an affirmance of the IJ's determination—will be swift," the letter continued. "Upon affirmance by the BIA, petitioner will lose his lawful permanent resident status, including his right to reside and work in the United States, and have a final order of removal against him."
"Compared to other courts of appeals, including those in the 3rd and 2nd Circuits, the 5th Circuit almost never grants stays of removal to noncitizens pursuing petitions for review of BIA decisions. As a result, the only meaningful impediment to petitioner's physical removal from the United States would be this court's important order prohibiting removal during the pendency of his federal habeas case," the letter points out, referring to Farbiarz's previous intervention.
Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, Creating Law Enforcement Accountability & Responsibility (CLEAR), Van Der Hout LLP, Washington Square Legal Services, and the national, New Jersey, New York, and Louisiana arms of the ACLU.
"When the immigration prosecutor, judge, and jailer all answer to Donald Trump, and that one man is eager to weaponize the system in a desperate bid to silence Mahmoud Khalil, a US permanent resident whose only supposed sin is that he stands against an ongoing genocide in Palestine, this is the result," CLEAR co-director Ramzi Kassem said Wednesday. "A plain-as-day First Amendment violation that also puts on sharp display the rapidly free-falling credibility of the entire US immigration system."
In addition to calling out the Trump administration for its unconstitutional conduct, Khalil's lawyers expressed some optimism.
"We have witnessed a constant lack of humanity and allegiance to the law throughout proceedings in this farcical Louisiana immigration court, and the immigration judge's September 12 decision is just the most recent example of what occurs when the system requires an arbiter that is anything but neutral to do the administration's bidding," said Johnny Sinodis, a partner at Van Der Hout LLP. "As with other illegal efforts by the government, this too will be challenged and overcome."
"The Trump administration has taken a sledgehammer to our capacity to hold sex offenders to account and undermined support and services for crime victims," said Rep. Jamie Raskin.
Congressional Democrats and victim advocates took aim Tuesday at President Donald Trump's gutting of federal programs combatcing human trafficking, belying campaign promises to aggressively target perpetrators of such crimes.
Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee, on Tuesday released an 18-page memo "detailing how the Trump administration has repeatedly sided with sex offenders and human traffickers over their victims—often rewarding sexual predators and elevating them to positions of power within the US government while crippling key offices, programs, and grants that combat sex crimes and support survivors."
This seemingly flies in the face of Trump's "Agenda 47" campaign platform, which vowed to aggressively crack down on human traffickers, and the groundswell of Trump supporters' unheeded calls for action and accountability in the Jeffrey Epstein case. Fighting child sex trafficking—both real and imagined—has long been an issue of passionate importance for the MAGA movement.
"Trump began his second term promising to 'make America safe again.' But safe for whom? Law-abiding citizens or dangerous criminals?"
Noting that "Trump and his supporters have gone from demanding the release of the Jeffrey Epstein files to doing everything in their power to prevent their release, openly tampering with potential witness Ghislaine Maxwell and calling the matter a 'Democrat hoax,'" the memo—titled Epstein Is the Tip of the Iceberg—begins by asking: "Trump began his second term promising to 'make America safe again.' But safe for whom? Law-abiding citizens or dangerous criminals?"
The memo notes that in the past seven months, Trump has:
Trump has also been found civilly liable for sexual abuse and has been accused of rape, sexual assault, or harassment by more than two dozen women.
Following whistleblower claims "that the Trump administration concealed information about the safety of unaccompanied Guatemalan children they tried to deport in the dead of night," Sens. Alex Padilla (D-Calif.) and Dick Durbin (D-Ill.) on Tuesday called for an oversight hearing to examine the US Office of Refugee Resettlement's "mass child deportation efforts and apparent lies under oath."
"The urgent call for a hearing comes after the disclosure alleged that at least 30 of 327 unaccompanied Guatemalan children the administration attempted to deport without due process 'have indicators of being a victim of child abuse, including death threats, gang violence, human trafficking, and/or have expressed fear of return to Guatemala,'" Padilla's office said in a statement Wednesday.
An investigation published Wednesday by The Guardian also detailed how the Trump administration "has aggressively rolled back efforts across the federal government to combat human trafficking."
Jean Bruggeman, executive director of the advocacy group Freedom Network USA, told The Guardian that “it’s been a widespread and multipronged attack on survivors that leaves all of us less safe and leaves survivors with few options."
Numerous critics have warned of the dangers of Trump's diversion of federal resources and personnel dedicated to combating human trafficking to enforcing mass deportations.
As Raskin told Federal Bureau of Investigation Director Kash Patel during a charged Wednesday hearing, "When Trump decided that rounding up immigrants with no criminal records was more important that preventing crimes like human trafficking of women and girls, drug dealing, terrorism, and fraud, you ordered FBI’s 25 largest field offices to divert thousands of agents away from chasing down violent criminals, sex traffickers, fraudsters, and scammers to help carry out Trump’s extreme immigration crackdown."
"You ordered hundreds of FBI agents to pore over all the Epstein files," Raskin said, "but not to look for more clues about the money network or the network of human traffickers, pulled these agents from their regular counterterrorism, counterintelligence, or anti-drug trafficking duties to work around the clock, some of them sleeping on their office desks, to conduct a frantic search to make sure Donald Trump’s name and image were flagged and redacted wherever they appeared."
"Put on your big boy pants and let us know who the pedophiles are," Raskin added.
Having named it a genocide, we must use every ounce of our leverage to demand an immediate ceasefire, a massive surge of humanitarian aid facilitated by the UN, and initial steps to provide Palestinians with a state of their own.
Hamas, a terrorist organization, began this war with its brutal attack on October 7, 2023, which killed 1,200 innocent people and took 250 hostages. Israel, as any other country, had a right to defend itself from Hamas.
But, over the last two years, Israel has not simply defended itself against Hamas. Instead, it has waged an all-out war against the entire Palestinian people. Many legal experts have now concluded that Israel is committing genocide in Gaza. The International Association of Genocide Scholars concluded that “Israel’s policies and actions in Gaza meet the legal definition of genocide.” The Israeli human rights groups B’Tselem and Physicians for Human Rights-Israel have reached the same conclusion, as have international groups like Amnesty International and Human Rights Watch.
Just yesterday, an independent commission of experts appointed by the United Nations echoed this finding. These experts concluded that: “It is clear that there is an intent to destroy the Palestinians in Gaza through acts that meet the criteria set forth in the Genocide Convention.”
I agree.
If there is no accountability for Netanyahu and his fellow war criminals, other demagogues will do the same.
Out of a population of 2.2 million Palestinians in Gaza, Israel has now killed some 65,000 people and wounded roughly 164,000. The full toll is likely much higher, with many thousands of bodies buried under the rubble. A leaked classified Israeli military database indicates that 83% of those killed have been civilians. More than 18,000 children have been killed, including 12,000 aged 12 or younger.
For almost two years, the extremist Netanyahu government has severely limited the amount of humanitarian aid allowed into Gaza and thrown up every possible hurdle to the United Nations and other aid groups trying to provide lifesaving supplies. This includes an 11-week total blockade in which Israel did not permit any food, water, fuel or medical supplies to enter Gaza. As a direct result of these Israeli policies, Gaza is now gripped by manmade famine, with hundreds of thousands of people facing starvation. More than 400 people, including 145 children, have already starved to death. Each day brings new deaths from hunger.
But it is not just the human cost. Israel has systematically destroyed Gaza’s physical infrastructure. Satellite imagery shows that the Israeli bombardment has destroyed 70% of all structures in Gaza. The UN estimates that 92% of housing units have been damaged or destroyed. At this very moment, Israel is demolishing what’s left of Gaza City. Most hospitals have been destroyed, and almost 1,600 healthcare workers have been killed. Almost 90% of water and sanitation facilities are now inoperable. Hundreds of schools have been bombed, as has every single one of Gaza’s 12 universities. There has been no electricity for 23 months.
And that is just what we know from aid workers and local journalists—hundreds of whom have been killed—as Israel bars outside media from Gaza. In fact, Israel has killed more journalists in Gaza than have been killed in any previous conflict. The result: There is likely much we don’t know about the scale of the atrocities.
Now, with the Trump administration’s full support, the extremist Netanyahu government is openly pursuing a policy of ethnic cleansing in Gaza and the West Bank. Having made life unlivable through bombing and starvation, they are pushing for “voluntary” migration of Palestinians to neighboring countries to make way for US President Donald Trump’s twisted vision of a “Riviera of the Middle East.”
Genocide is defined as actions taken with the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.” The actions include killing members of the group or “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.” The legal question hinges on intent.
Israeli leaders have made their intent clear. Early in the conflict, the defense minister said, “We are fighting human animals and we are acting accordingly.” The finance minister vowed that “Gaza will be entirely destroyed.” Another minister declared: “All Gaza will be Jewish… we are wiping out this evil.” Israeli President Isaac Herzog said, “It is an entire nation out there that is responsible.” Another minister called for, “Erasing all of Gaza from the face of the Earth.” Another Israeli lawmaker said, “The Gaza Strip should be flattened, and there should be one sentence for everyone there—death. We have to wipe the Gaza Strip off the map. There are no innocents there.” Yet another Knesset member called for “erasing all of Gaza from the face of the Earth.” And, just recently, a minister in Israel’s high-level security cabinet said: “Gaza City itself should be exactly like Rafah, which we turned into a city of ruins.”
The intent is clear. The conclusion is inescapable: Israel is committing genocide in Gaza.
I recognize that many people may disagree with this conclusion. The truth is, whether you call it genocide or ethnic cleansing or mass atrocities or war crimes, the path forward is clear. We, as Americans, must end our complicity in the slaughter of the Palestinian people. That is why I have worked with a number of my Senate colleagues to force votes on seven Joint Resolutions of Disapproval to stop offensive arms sales to Israel. The United States must not continue sending many billions of dollars and weapons to Israeli Prime Minister Benjamin Netanyahu’s genocidal government.
Having named it a genocide, we must use every ounce of our leverage to demand an immediate ceasefire, a massive surge of humanitarian aid facilitated by the UN, and initial steps to provide Palestinians with a state of their own.
But this issue goes beyond Israel and Palestine.
Around the world, democracy is on the defensive. Hatred, racism, and divisiveness are on the rise. The challenge we now face is to prevent the world from descending into barbarism, where horrific crimes against humanity can take place with impunity. We must say now and forever that, while wars may happen, there are certain basic standards that must be upheld. The starvation of children cannot be tolerated. The flattening of cities must not become the norm. Collective punishment is beyond the pale.
The very term genocide is a reminder of what can happen if we fail. That word emerged from the Holocaust—the murder of 6 million Jews—one of the darkest chapters in human history. Make no mistake. If there is no accountability for Netanyahu and his fellow war criminals, other demagogues will do the same. History demands that the world act with one voice to say: Enough is enough. No more genocide.