The Trump administration, under Secretary of State Marco Rubio, is seeking the deportation of Mohsen Mahdawi, a 34-year-old legal permanent resident and Columbia University student. The justification cited is that his pro-Palestinian activities could potentially undermine the Middle East peace process. This action is based on a law also used in the case of Mahmoud Khalil, another Columbia student protester.
An immigration judge ruled that Rubio's memo alone was sufficient evidence to begin deportation proceedings against Khalil, despite a lack of concrete evidence of wrongdoing. This sets a concerning precedent for the power of the Secretary of State to initiate deportations based on subjective assessments of foreign policy impact.
Mahdawi, who had been in hiding, presented himself for naturalization but was detained by DHS agents. The Rubio memo directly served as the justification for his arrest. The legal challenge in Khalil's case has significant implications for Mahdawi's future.
The cases of Mahdawi and Khalil raise serious concerns about due process and the potential for political motivations behind deportation decisions. The broad interpretation of the law allows for the deportation of legal residents based solely on the Secretary of State's assessment, without substantial evidence of harm to U.S. foreign policy.
The Trump administration is seeking to deport a Columbia student because his activities could “potentially undermine” the Middle East peace process, according to a memo from Secretary of State Marco Rubio that was reviewed by The New York Times.
The student, Mohsen Mahdawi, 34, is a legal permanent resident who has spent a decade in the United States. Until this week, he had been in hiding, for fear that the administration would seek to deport him after he led pro-Palestinian demonstrations at the school. But on Monday he showed up at an immigration services center in Vermont, expecting to take the test that would allow him to become a naturalized citizen.
Instead, he was detained by Department of Homeland Security agents, who relied on Mr. Rubio’s memo as the justification for the arrest. Mr. Rubio cited the same law that has been used to justify the detention of Mr. Mahdawi’s fellow Columbia protester, Mahmoud Khalil.
The law, which Mr. Khalil’s lawyers have challenged in federal court, allows Mr. Rubio to initiate deportation proceedings against anyone whose presence in the United States can reasonably be considered to hurt American foreign policy goals.
Last week, an immigration judge found that Mr. Rubio’s memo alone allowed the Trump administration to meet the burden of proof necessary for deporting Mr. Khalil, whom the secretary accused of undermining the fight against antisemitism. The judge’s decision affirmed, for the time being, Mr. Rubio’s power to pick and choose which noncitizens — even those with legal residency — can be deported.
Evidence submitted by the Department of Homeland Security and reviewed by The Times did not include any allegations of antisemitism against Mr. Khalil himself, apart from the flat declaration in Mr. Rubio’s memo.
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