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Justice Department lawyers on Tuesday asked a federal judge to reject the authorities’ requests of anti-Israel activist Mahmoud Khalil.
Government lawyers said the courts do not have the authority to intervene in the administrative department’s decision to detain non-citizens in the proceedings.
“The Congress approved the alien detention and gave the executives great discretion in that regard,” they wrote.
The lawyer also said, logistically speaking, the Trump administration could not transfer Halil even if he wanted to. Halil asked a judge on Monday to release him from ice custody in Jena, Louisiana, while his case is underway.
A federal judge says he attempted to deport anti-Israel mastermind Mahmoud Khalil
Anti-Israel activist Mahmoud Khalil destroyed the Trump administration’s lawsuit against him this week in the Washington Post column. (Selcuk Acar/Anadolu via Getty Images Reuters/Shannon Stapleton)
A DOJ lawyer said that there were 355 detainees at Elizabeth’s ICE facility.
“Ice holds discretion to bind Khalil, which it chooses,” the lawyer wrote. “A further de facto consideration is advice from relocating Halil to Elizabeth. The facility is simply over capacity.”
People gather to protest in front of federal courts in New Jersey, New Jersey, to support Mahmoud Khalil (Fox News Digital’s Stephanie Keith)
Halil, a legal permanent resident, was arrested outside his Columbia University apartment in March. The immigration judge deemed him easy to remove based on a memo from Secretary of State Marco Rubio, who said Halil’s anti-Israel activism on campus had rebutted US foreign policy interests. Rubio cited a rarely used provision of the Immigration and Nationality Act to justify his findings.
The Khalil incident has attracted a lot of attention from First Amendment defenders who claim that the government is chilling free speech by revoking the non-citizen green cards that are openly and actively opposed to the Israeli government amid the attacks in the Gaza Strip and the intensifying conflict with Iran.
Biden’s appointee, Judge Michael Fabiartz, denied Halil’s initial request to release him from custody while continuing to fight the removal of federal courts from the country.
Anti-Israel ring leader Mahmoud Khalil posts a $1 bond after federal judge rules cannot bind him
Secretary of State Marco Rubio, who constituted the Wall Street Journal, explained the department’s focus on its relationship with the United States with Western Hemisphere countries. (AP Photo/Evan Vucci)
Fabiartz agreed with Halil and his supporters that Rubio’s justification to cancel Halil’s green card is likely unconstitutional. However, the judge said he also cited a second reason for the removal of Khalil, which the Trump administration has not ruled.
The Trump administration argued that in addition to his defiance of Halil’s foreign policy and his advocacy along with anti-Semitism, Halil’s fraudulent application was the basis for his removal.
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Halil, born in Syria but with Algerian citizenship, ruled out the government application that he was a member of the Columbia University apartheid sale and did not disclose any other locations where he worked, including the United Nations Relief Agency for Palestinian Refugees in 2023.
The DHS allegedly said that Halil raised his legal status through “fraud or misrepresenting a significant fact””.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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