The Trump administration’s latest move has sent the far-left into yet another meltdown, this time over the detainment and pending deportation of Mahmoud Khalil, a pro-Hamas activist who has been at the center of antisemitic demonstrations at Columbia University.
Khalil, a Syrian national and green card holder, was taken into custody by the Department of Homeland Security (DHS) over the weekend for publicly supporting terrorism.
He played a leading role in the anti-Israel demonstrations that have plagued Columbia’s campus, including illegally occupying public spaces and acting as a chief “negotiator” for the pro-Hamas agitators. More recently, he was involved in an incident where demonstrators surrounded a Jewish center, chanting for a “global intifada”—a term that has long been associated with calls for violent uprisings.
But despite the clear legal basis for his detainment—since green card holders are subject to deportation if they engage in terrorism-related activities—Judge Jesse M. Furman of the Southern District of New York predictably stepped in to block his removal. An Obama-appointed judge, Furman ordered that legal representation be provided and scheduled a hearing for Wednesday, delaying what should have been a straightforward deportation process.
However, it appears the Trump administration had a backup plan—and executed it perfectly. Before Furman’s ruling could take effect, Khalil was transferred to an ICE detention center in Louisiana.
Why does that matter? Because habeas corpus petitions must be filed in the federal court district where the detainee is being held. Since Furman’s order was based on Khalil being in New York—but he’s now in Louisiana—Furman no longer has jurisdiction over the case.
Legal experts, including former federal prosecutor Shipwreckedcrew, agree that this move effectively stripped SDNY of venue over Khalil’s petition. That means any future legal challenge would have to be filed in Louisiana, where judges are far less likely to entertain legal gymnastics to keep a pro-Hamas agitator in the country.
“It has been speculated about — and I agree — that this was done to deprive SDNY of venue over a habeas corpus petition as those are supposed to be filed in the federal district court where the person is being held. So good luck with the judges in Louisiana.” – Shipwreckedcrew
This tactical shift significantly increases the chances that Khalil will, in fact, be deported as planned. Of course, that doesn’t mean Furman won’t try to intervene, but his legal standing has been severely weakened.
