Judge finds Khalil misled DHS on immigration application; paves way for possible deportation

Mahmoud Khalil, one of the high-profile anti-Israel protesters targeted by the Trump administration, faces a new danger of deportation after an immigration judge ruled that he knowingly misled the government on his immigration application.

The judge said Mr. Khalil should be deported to Algeria or Syria and said his duplicity on the application has cost him any chance of a waiver to remain here.

The ruling was issued Sept. 12 and Mr. Khalilk’s lawyers publicized it Wednesday as they rushed to a regular federal court to plead for relief.

Baher Azmy, one of the lawyers, called the new deportation order “highly unusual.” In a filing with U.S. District Judge Michael Farbiarz, Mr. Azmy said the immigration court refused to grant a change of venue or an extension of time for Mr. Khalil to boost his case.

The immigration judge also refused to hear live testimony from Mr. Khalil’s wife about the hardship on her and their new son, born this spring while Mr. Khalil was in detention.

Mr. Khalil, in a statement, called the immigration judge’s ruling an attempt to “retaliate” against him for his vociferous protesting against Israel.

“Their latest attempt, through a kangaroo immigration court, exposes their true colors once again,” he said. “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. Such fascist tactics will never deter me from continuing to advocate for my people’s liberation.”

Mr. Khalil led pro-Palestinian protests at Columbia, which made him the most prominent target when the new Trump administration began to look for anti-Israel targets for deportation.

Secretary of State Marco Rubio declared his presence contrary to U.S. foreign policy and the government also said he lied on his immigration application.

Judge Farbiarz had previously issued rulings ordering Mr. Khalil released from immigration detention and forbidding his deportation while the immigration judge pondered the case.

Judge Farbiarz ruled that Mr. Rubio’s decision had illegally targeted Mr. Khalil because of political views, and he said that couldn’t be used as a justification for deporting Mr. Khalil.

Mr. Khalil was born in a Palestinian refugee camp in Syria and later fled to Lebanon during Syria’s civil war.

The judge also ordered the immigration court to do a more thorough analysis of the fraud allegations.

Immigration Judge Jamee Comans, in the new ruling, said the government has ordered Mr. Khalil deportable and he is not eligible for a waiver granting special relief.

He said it doesn’t appear the law on its face allows a waiver, but even if it did, Mr. Khalil shouldn’t qualify because to do so would reward his “fraud” in applying for a green card by failing to disclose a history with pro-Palestinian groups.

Judge Comans said Mr. Khalil is an Ivy League-educated man who understood the nature of his omissions on his application.

“This court cannot and will not condone such an action by granting a discretionary waiver,” the immigration judge wrote.

The judge acknowledged Mr. Khalil’s “positive equities” — particularly a U.S. citizen wife and infant son he gained during his three years living here.

But the judge said that was a normal hardship for immigrants facing deportation, not the kind of extraordinary one that would deserve a waiver from the law.