Khalil v. Trump

At a Glance

Date Filed: 

March 9, 2025

Current Status 

On April 1, 2025, Judge Farbiarz denied the government's motion to dismiss the case or transfer it to Louisiana, ruling the New Jersey court has jurisdiction.

Co-Counsel 

Client(s) 

Mahmoud Khalil

Case Description 

Mahmoud Khalil is a Palestinian activist and graduate student at Columbia University who was active with Columbia's Gaza Solidarity Encampment, serving as negotiator with the university and speaking to press. He is also a lawful U.S. permanent resident and soon-to-be father.

On March 8, 2025, plainclothes Department of Homeland Security (DHS) agents arrested Mahmoud at his university apartment and threatened to arrest his eight-months-pregnant U.S. citizen wife. The agents stated that the U.S. Department of State had revoked Mahmoud's student visa. When his wife showed the agents that Mahmoud has a green card, not a visa, they said that it was revoked as well. Mahmoud was transferred to immigration detention in Louisiana without notice to counsel or his wife, despite the fact that his habeas case was pending in New York.

The Center for Constitutional Rights and co-counsel Creating Law Enforcement Accountability & Responsibility (CLEAR) project at CUNY School of Law filed an emergency motion for a temporary restraining order mandating Mahmoud's return to New York to proceed with his pending habeas case on March 10, 2025. Mahmoud's habeas petition was filed before he was transferred to Louisiana, and challenges his arrest and detention as violations of the First and Fifth Amendments.

Mahmoud's arrest comes in the context of the Trump administration's new federal initiative to identify organizers active in Palestine solidarity protests who have student visas and target them for deportation. It also follows Columbia University's crackdown on student organizing against Israel's genocide in Gaza, including a previous attempt to suspend Mahmoud for his activism. In response to threats of deportation and news that Immigration and Customs Enforcement (ICE) agents would begin approaching people in Columbia's neighborhood as part of this operation, the university has issued guidance advising students, faculty, and staff not to interfere, essentially capitulating to the government's efforts.

This case builds on the Center for Constitutional Rights and partners' historic work to challenge repression against Palestine solidarity activists, which has skyrocketed since October 2023.

Case Timeline

April 1, 2025
Judge Farbiarz denies motion to dismiss or transfer; case remains in District of New Jersey
April 1, 2025
Judge Farbiarz denies motion to dismiss or transfer; case remains in District of New Jersey
March 28, 2025
Hearing on renewed motion to dismiss or transfer in U.S. District Court for District of New Jersey
March 28, 2025
Hearing on renewed motion to dismiss or transfer in U.S. District Court for District of New Jersey
March 20, 2025
Government files renewed motion to dismiss case or transfer to Western District of Louisiana
March 20, 2025
Government files renewed motion to dismiss case or transfer to Western District of Louisiana
We file an opposition to the motion and a cross-motion for re-transfer back to the Southern District of New York on March 24, and the government files its reply and opposition on March 26, 2025.
March 19, 2025
Judge Farbiarz issues order barring Mahmoud's removal from U.S.
March 19, 2025
Judge Farbiarz issues order barring Mahmoud's removal from U.S.
March 19, 2025
Judge Furman transfers case to District of New Jersey
March 19, 2025
Judge Furman transfers case to District of New Jersey
March 17, 2025
Preliminary injunction motion
March 17, 2025
Preliminary injunction motion
We file an amended motion for a preliminary injunction in the District of New Jersey on March 25, 2025. Foundation for Individual Rights in Education, National Coalition Against Censorship, the Rutherford Institute, Pen America, First Amendment Lawyers Association, and immigration lawyers, law professors, and scholars file briefs of amici curiae in support.
March 14, 2025
Motion for release
March 13, 2025
Amended petition and complaint
March 12, 2025
Court conference in Southern District of New York before Judge Furman
March 12, 2025
Court conference in Southern District of New York before Judge Furman
March 12, 2025
Government files motion to dismiss case or transfer venue to another jurisdiction
March 12, 2025
Government files motion to dismiss case or transfer venue to another jurisdiction
We file our opposition on March 14, 2025, the government files its reply on March 17, 2025, and we file a court-ordered supplemental brief on the same day.
March 11, 2025
Joint letter regarding March 12 conference
March 11, 2025
Joint letter regarding March 12 conference
March 10, 2025
Judge Furman issues order barring Mahmoud's removal from U.S.
March 10, 2025
Judge Furman issues order barring Mahmoud's removal from U.S.
March 10, 2025
Emergency motion for temporary restraining order
March 9, 2025
Petition for Writ of Habeas Corpus
March 9, 2025
Petition for Writ of Habeas Corpus