Columbia University student Mahmoud Khalil’s attorneys were stunned when an immigration judge in Jena, Louisiana, announced this week that she would rule on whether he should be deported on Friday — three days after his initial court appearance.
“That is, in my opinion, contrary to every notion of due process,” Marc Van Der Hout, one of his attorneys, told reporters Thursday.
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Though they remain detained in Louisiana as their immigration court proceedings move forward, Khalil and Ozturk successfully blocked the Trump administration’s attempts to establish federal court jurisdiction in that state. Their attorneys argued that the government secretly arrested the scholars and shuttled them between locations without public disclosure to make it more difficult for them to file habeas corpus petitions in courts closer to home.
A federal judge in New York ruled last month that Khalil’s lawsuit alleging the government violated his constitutional rights to free speech should take place in New Jersey, where he was briefly held before being transferred. His attorneys said that even if the immigration judge in Louisiana rules he can be deported, his federal court challenge could stop his removal if they are victorious.
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The administration’s strategy “is to isolate the individuals from their communities, their legal support, their families, in hopes that media attention and mobilization around their cases dies down,” said Ramzi Kassem, co-director at CLEAR, a legal nonprofit and clinic at City University of New York that is representing Khalil and Ozturk.
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The unusual aspect of the Trump administration’s approach, Sandweg said, is how quickly federal authorities relocated the university scholars. Detainee transfers can take up to two weeks, he said, but the Trump administration moved them within days.
Pointing to Khalil’s case, Sandweg said it raises “very complicated questions of the First Amendment. If you know this case is headed to the courts well in advance, the speed in which he was taken to Louisiana so quickly is unusual. That means they were thinking about those legal issues before the operation and had a plan to get him on the plane to Louisiana.”
