What to Know About Mahmoud Khalil and His Green Card Status

Hidden among the executive orders issued by President Donald Trump early in his presidency was a directive related to the campus protests that erupted last year in response to the Israel-Gaza conflict.

This directive mandated the revocation of student visas for individuals suspected of having ties to Hamas. “To all the resident aliens who participated in pro-jihadist demonstrations, we are putting you on notice: come 2025, we will locate you, and we will deport you,” Trump’s order declared.

On Saturday evening, U.S. Immigration and Customs Enforcement (ICE) acted on Trump’s warning by detaining Mahmoud Khalil, a Palestinian student activist from Columbia University in New York City. The university became a focal point for pro-Palestinian protests last year, igniting a national debate over the ongoing Middle East conflict. Khalil played a crucial role in mediating between the protesters and university administrators last spring, and he completed his master’s degree at Columbia in December.

“This is just the first of many arrests to come,” Trump stated on Monday afternoon, taking personal credit for Khalil’s detention. “We will track down, apprehend, and deport these so-called terrorist sympathizers from our nation—never to return.”

Khalil’s case quickly garnered international attention, not only due to the nature of his detention but also because, as his lawyer Amy Greer pointed out, he holds a green card that permits him to live and work in the United States permanently.

A habeas corpus petition was filed on Khalil’s behalf, contesting the legality of his arrest and detention. On Monday evening, a judge from the Southern District of New York granted Khalil a temporary reprieve, ruling that he “shall not be removed from the United States unless and until the Court orders otherwise.”

Khalil’s wife, who is eight months pregnant, is a U.S. citizen and has also faced threats of arrest, according to Greer. Currently, Khalil is being held at the Central Louisiana ICE Processing Center in Jena, Louisiana, as per ICE records.

His arrest follows Trump’s announcement just days prior that he would cut $400 million in federal funding to Columbia University, accusing the institution of not taking sufficient action against antisemitism on campus. Critics argue that this move aims to suppress political expression that challenges U.S. foreign policy.

In a statement, Homeland Security spokesperson Tricia McLaughlin asserted that “Khalil engaged in activities aligned with Hamas, a recognized terrorist organization,” linking his detention to Trump’s executive order. Secretary of State Marco Rubio later confirmed on social media that the Trump Administration “will revoke the visas and/or green cards of Hamas supporters in America so they can be deported.”

A petition advocating for Khalil’s release has already amassed over 1.3 million signatures and expressions of support. Protests are also scheduled in New York City on Monday to call for his freedom.

Below is an overview of Khalil’s situation and an exploration of how his green card status may indicate a shift in U.S. immigration policy under the Trump administration:

Can a green card holder be deported?

Green card holders have many of the same rights as U.S. citizens, but they remain subject to deportation under specific circumstances, usually concerning criminal activity or immigration law violations, according to Stephen Yale-Loehr, a retired immigration law professor at Cornell Law School.

Foreign nationals may also face visa revocation for endorsing or being associated with terrorist organizations, but the government must provide substantial evidence to support such claims.

Greer asserts that there is no evidence indicating that her client has committed any crime or breached the terms of his residency, suggesting that the Trump administration appears to be targeting him due to his political activism and outspoken criticism of Israeli policies. Experts in immigration law caution that deporting a green card holder solely based on political beliefs could infringe upon First Amendment rights, which protect free speech and the right to protest.

Yale-Loehr referenced the Ragbir v. Homan case, a 2018 ruling by the Second Circuit Court of Appeals that concluded a non-citizen with a final removal order could not be deported solely for reasons related to retaliation against their free speech.

The process of revoking a green card is uncommon and typically necessitates a hearing before an immigration judge. This procedure is often lengthy, requiring clear evidence of wrongdoing, and due to significant backlogs in immigration courts, it could take years for Khalil to receive a hearing.

If Khalil’s green card is eventually revoked due to his activism, immigration experts suggest it would represent a troubling shift in the U.S. government’s interpretation of its authority over lawful permanent residents.

The burden of proof in deportation cases

In deportation cases, the government carries the burden of proof to show that the individual has violated U.S. immigration laws. This usually involves demonstrating criminal convictions or other significant legal violations. In Khalil’s instance, the government would need to establish that his actions extend beyond protected political expression and that his associations or activities pose a credible national security risk. His legal representatives argue that there are no valid grounds for revoking his green card or detaining him.

“The authorities must demonstrate that he has done more than merely express his views, such as providing material support to Hamas,” Yale-Loehr explains. “That would be a valid reason for deportation.”

“They cannot deport someone simply for advocating free speech,” he continues. “However, if they were able to prove that he provided material support to Hamas, such as donating to their efforts, that would certainly raise concerns.”

At this point, it remains uncertain how the Trump administration plans to substantiate the revocation of Khalil’s green card and his subsequent deportation.

Tom Homan, the Trump Administration’s immigration chief, stated on Fox Business on Monday that federal authorities “absolutely can” deport someone who is legally residing in the country: “Did he violate the terms of his visa? Did he breach the terms of his residency here by committing crimes, attacking Israeli students, locking down buildings, or destroying property? Yes, any resident alien who commits a crime is eligible for deportation,” Homan added.