The Trump administration acknowledged Thursday that U.S. Immigration and Customs Enforcement (ICE) agents arrested Columbia University activist Mahmoud Khalil in March without a warrant, labeling it a "warrantless arrest."
Khalil’s legal team is now urging an immigration judge in Louisiana—where he has been held for weeks—to dismiss his deportation case, citing the unlawful nature of his arrest.
In a court filing, the Department of Homeland Security (DHS), which oversees ICE, conceded that warrants are typically required for such arrests. However, the agency defended Khalil’s detention by claiming "exigent circumstances," alleging agents believed he might flee before they could obtain judicial approval.
Khalil’s attorneys strongly refuted this claim, stating their client fully cooperated during the arrest. They emphasized that no agent has provided testimony, sworn or otherwise, suggesting Khalil resisted or attempted to escape.
A Syrian-born green card holder and prominent participant in last year’s Gaza war protests at Columbia, Khalil was taken into custody outside his New York City apartment in early March. His wife, a U.S. citizen, was pregnant at the time. ICE later denied his request for temporary release, preventing him from attending the birth of his son.
Khalil is among several foreign students recently detained by ICE, emerging as a focal point in the administration’s crackdown on campus pro-Palestinian activism. While officials argue these measures combat antisemitism and pro-Hamas sentiment, civil rights advocates accuse the government of suppressing free speech under the guise of national security.
Though not charged with any crime, the administration seeks Khalil’s deportation on two grounds: alleged omissions in his green card application and a rare "adverse foreign policy" designation by Secretary of State Marco Rubio. Khalil’s lawyers deny both claims, calling them politically motivated.
A Louisiana immigration judge recently ruled that Rubio’s determination—citing an obscure statute—could proceed, while pausing the fraud allegation. Meanwhile, Khalil has filed for asylum and "withholding of removal," another safeguard against deportation.
Parallel to his immigration case, a federal lawsuit in New Jersey challenges the legality of his detention, demanding his release, the reversal of Rubio’s decision, and a ban on targeting noncitizens for pro-Palestinian advocacy protected by the First Amendment.
