Mahmoud Khalil, the first noncitizen activist arrested under the Trump administration's crackdown on pro-Palestinian speech, is at the center of a legal controversy after revelations that his immigration case was fast-tracked by the Department of Justice. His lawyer has denounced the proceedings as a 'preordained and complete sham.'
Allegations of Predetermined Outcome
Marc Van Der Hout, an attorney on Khalil's legal team, stated that the case has been controlled from the outset by higher-ups in the administration. 'The immigration judge was hand-picked and the Board of Immigration Appeals decision was predetermined. We will continue to fight for Mahmoud in every court we can,' he said.
In April, the Board of Immigration Appeals (BIA) issued a 'final' administrative removal order for Khalil in an unusually swift decision, following multiple judges reportedly recusing themselves. The BIA, part of the US Justice Department, is required by law to operate independently. However, internal documents obtained by The New York Times revealed that the case was flagged as a high priority and expedited, leading to accusations that the Trump administration manipulated the process to make an example of Khalil.
Khalil's removal order came within nine days of final briefing, whereas such appeals typically take years. 'This story proves that the Trump administration's treatment of my case has always been corrupt and retaliatory,' Khalil said on X after the report. 'They put me through a sham immigration process while guaranteeing the outcome in advance.'
Separate Legal Battle
On a separate legal track, a split panel of the Third Circuit Court of Appeals overturned a district court ruling that freed Khalil from detention last year. The lower court had found that Khalil's detention and attempted deportation, based on his activism at Columbia University posing a threat to US foreign policy, were likely unconstitutional. The appeals court did not address constitutional issues but ruled that the district court lacked jurisdiction. Khalil's attorneys have asked the full appeals court to reconsider, and a ruling is pending.
Depending on the outcome, Khalil could be expelled from the US, even if his lawyers seek Supreme Court intervention.
Background and Detention
Khalil, raised in a Palestinian refugee camp in Syria, is a legal US permanent resident married to a US citizen. He was arrested in New York in March 2025 for his advocacy at Columbia for Palestinian rights and sent to an ICE detention center in Louisiana, where he was held for 104 days. During that time, his wife gave birth to their first child, now one year old. He was released in June after a federal judge ruled his detention unconstitutional, finding him neither a flight risk nor a community threat.
Donald Trump called Khalil a 'Radical Foreign Pro-Hamas Student' and a 'terrorist sympathizer,' while Secretary of State Marco Rubio claimed his presence in the US would have 'adverse foreign policy consequences.' After public outcry, the administration also alleged omissions in his green card application. Earlier this year, the administration claimed he would be deported to Algeria.
In another lawsuit scrutinizing the administration's policy to deport pro-Palestinian scholars for their views, a federal judge last year accused the government of 'an unconstitutional conspiracy to pick off certain people' that violated the First Amendment.
