Court Prevents Deportation of Anti-Gaza War Activists

NEW YORK, TUESDAY—An interim ruling by the Southern District Court of New York has saved Mahmoud Khalil from deportation. The leader of a pro-Palestinian protest in New York was arrested and was set to be deported from the United States.

Judge Jesse Furman issued the interim ruling on Monday (10/3/2025) afternoon New York time or Tuesday morning WIB. The judge also ordered representatives of the plaintiffs and defendants to appear on Wednesday.

Khalil was arrested on Saturday night at the Columbia University campus dormitory. On Sunday, his lawyer filed a lawsuit to prevent the deportation of the Palestinian student who holds permanent residency in the United States.

The authorities not only arrested Khalil. They also threatened Khalil's wife, a US citizen who is eight months pregnant.

The arrest of Khalil was the result of an order by United States President Donald Trump on January 29, 2025. He instructed the eradication of all forms of hatred and violence against Jews.

A day after issuing the order, he threatened to deport all foreigners involved in demonstrations on U.S. campuses in support of Palestine. Meanwhile, U.S. Secretary of State Marco Rubio said the U.S. would revoke permanent residency or green cards for foreigners involved in the demonstrations.

Trump praised the arrest of Khalil. He stated that more people would be arrested and deported for expressing hatred toward Israel. "We know there are more students at Columbia and other universities across the country involved in pro-terrorist, anti-Semitic, anti-American activities," Trump posted on social media.

"We will find, capture, and deport these sympathizers from our country. (They) will never return again," wrote Trump.

Khalil participated in a protest at Columbia University in April-May 2024. He served as one of the student negotiators with campus representatives and authorities.

Unlike the statement from the U.S. government, the protest not only condemned Israel. The main focus of the protest was to oppose the Gaza war and reject all forms of discrimination against anyone.

Protests spread to campuses in several US cities. Because they did not disperse, police entered several campuses. Some campus administrators allowed police to enter.

On campuses, hundreds of people were arrested for their part in protests against the Gaza war. No arrests were made of those who attacked protesters.

In an effort to ward off deportation, Khalil's lawyers have argued that the U.S. constitution guarantees freedom of speech and assembly. The government insists that Khalil has violated residency rules. "Khalil has led activities that are aligned with Hamas, a terrorist organization," said U.S. Department of Homeland Security spokeswoman Tricia McLaughlin.

Former Cornell Law School immigration law professor Stephen Yale-Loehr said green card holders can indeed be deported. However, deportation can only be carried out if they are proven to be involved in a crime, have violated immigration rules, or are involved in a terrorist group. "You can't deport them just because of freedom of speech," he said.

To Time magazine, he reminded about the 2018 case. At that time, the US government failed to deport Ravidath Lawrence Ragbir. Because, the reason for his deportation was proven to be retaliation for Ragbir's right to exercise freedom of speech.

Yale-Loehr said there would be complicated legal implications if Khalil were to be deported for his involvement in the protests. "The government would have to prove that he did more than just express an opinion, such as actually supporting Hamas. That would be grounds for deportation," he said.

That support could be in the form of donations to an account that funnels funds to Hamas. That donation could be considered supporting a group designated by the US government as a terrorist.

Khalil's arrest and detention drew outrage from civil rights groups and free speech advocates, who accused the administration of using immigration enforcement powers to silence criticism of Israel.

Khalil is the first person known to have been detained for deportation under Trump's pledge to crack down on student protests.

Several Columbia University staff members have also expressed concerns that Khalil's detention is intended to suppress free speech by students and staff who are not US citizens.

“The arrest and detention of Mahmoud Khalil is meant to make them (non-US citizen students and staff) tremble in fear, and to make all of us tremble in fear,” said Columbia Mathematics Professor Michael Thaddeus.

"Our message to Washington is that we are not silenced, we are not afraid. We are united, determined to defeat this ongoing assault on our fundamental rights," Thaddeus said.

On the Columbia campus, sophomore Pearson Lund is worried about the potential revocation of Khalil’s green card. “When is this going to stop?” the physics student says as he enters the campus through a security line manned by city police officers.

Meanwhile, Khalil's detention also sparked a demonstration by hundreds of protesters. They demonstrated near the Immigration and Customs Enforcement office in Manhattan on Monday. They demanded Khalil's release.

“By arresting Mahmoud, Trump thinks he can take away our rights and take away our commitment to our people,” New York University student Ibtihal Malley told the crowd.

“To that we say: You are wrong!” Malley said.

Meanwhile, Khalil's lawyer believes that the Trump administration's move to arrest Khalil is a retaliatory measure against him for leading the movement to defend Palestinian human rights.

The protests at Columbia University have put Trump under increasing pressure on the university. Khalil's arrest came a day after the Trump administration canceled $400 million in government contracts and grants to Columbia University.

It said the funding cuts and student deportation efforts were made because of anti-Semitic harassment on and near Columbia's Manhattan campus.

The U.S. Department of Education on Monday also warned about 60 colleges, including Harvard and Cornell, that they could lose federal funding if they fail to enforce civil rights laws against antisemitism and ensure “unimpeded access” to campus facilities and educational opportunities. (AP/REUTERS)