Cnn
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When Mahmoud Khalil’s lawyer Thorgad Marshall entered the United States court on Wednesday, one of his mission would be in mind: to get his client, a Palestinian worker, with ice facility in Louisiana. Go back to New York for legal advice and family.
Khalil was arrested and detained by federal agents on Saturday for his role in protests against the Israeli-Mullah War at Columbia University in the spring last spring. His lawyer said his green card was canceled by the Trump administration, but a federal judge in New York stopped an immediate attempt to deport Khalil unless his lawyers and the federal government appeared in court.
This matter, apparently the first of its kind, determines the stage when the Trump administration has promoted its ramp. Target Palestinian supporters on foreign students and college campuses.
President Donald Trump emphasized the arrest of Khalil and vowed to find and deport others like him.
“If you support terrorism, including slaughtering innocent men, women and children, your presence is in violation of the interests of our national and foreign policy, and you will not be welcomed here.” Said The truth on Monday on social social.
The White House has not provided evidence to support the charges against Khalil, and it is unclear whether he has been charged with a crime.
Khalil’s lawyers argued in court that his removal of New York city to Louisiana in exchange for his “safe speech and advocacy” was unconstitutional.
His lawyers on Sunday said his lawyers filed a Hebis Corpus petition “challenging his arrest and detention”.
The Trump administration’s lawyers will not be willing to bring Khalil to New York without any court order.
Lawyers from both sides filed a joint letter in the federal court on Tuesday, telling a judge that he was unable to reach Khalil’s return to New York, which set up a show down in court on Wednesday.
The Trump administration’s lawyers told the court that they would submit a movement for the transfer or dismissal of Khalil’s Habis Corps, and argued that New York’s southern district is an “inappropriate place” and has no jurisdiction over Khalil’s case.
It is not expected that they will submit their movement by midnight on Wednesday, and Khalil’s lawyers will have to respond by midnight on Friday. It is unclear whether the judge will resolve any issue outside the schedule during the Wednesday hearing.
A spokesman for the southern district of New York did not immediately return a request for comment.
According to a senior Homeland Security official, the Trump administration’s arrest was based on a supply of immigration law, which gives a wide range of authority that could be subject to deportation.
Former ICE acting director John Sandwig told CNN in an email on Tuesday, “If they intend to achieve terrorist fields to remove Khalil, we will listen to the DOJ tomorrow.”
Sandwig said, but district court judge Khalil’s deportation cannot “order or approve”.
He added that the ICE and the Justice Department will still need to file a case against Khalil in the immigration court, and the immigration judge will decide whether he should be taken away from his green card.
At a briefing on Tuesday, White House press secretary Karin Levet said that Foreign Secretary Marco Rubio has the authority to cancel a green card or visa for those whose “activities in the United States will potentially yield serious negative foreign policy results.”
Sandwig said Monday that it is rare to use these provisions of immigration law to deport the green card holder. He added that they are commonly used if the ICE alleges that someone is “providing direct financial or operational support to a terrorist organization.”
“It is less common for the ICE to accuse the ICE, that political ideas or speeches offer to deport the green card holder under the field of terrorism as it raises important concerns of the first amendment,” said Sandwig.
In a statement on Tuesday, Khalil’s wife – an American citizen who is pregnant for eight months – he is called “rock”.
“When the American immigration tear up my life when they handled my husband and forced her into a unmarked car,” his arrest also came when the couple returned from the dinner of Iftar, Muslims were eating their fast during Ramadan.
“Instead of collecting our nursery and washing the baby’s clothes, I am sitting in my apartment, wondering when Mahmud will have the opportunity to call me from the detention center,” he added.
CNN’s Gloria Pazmano, Sabrina Souza, Jeff Winter, Lauren Maskarinhas and Chelsea Bailey participated in the report.
