On Friday, April 11, an immigration judge in Louisiana ruled that the Trump regime can deport Mahmoud Khalil—not for any crime, but for what he has said. 

Mahmoud is a green card holding, legal permanent resident of the U.S. He’s a Palestinian who grew up in Syria before migrating to the U.S.  But he’s not being singled out for any immigration violation.

Mahmoud was illegally kidnapped by ICE on March 8, detained for 40 days and counting in Louisiana, and persecuted for exercising his First Amendment right to free speech—specifically speaking out in support of the Palestinian people and in opposition to Israel’s U.S.-backed genocide in Gaza. ¹

The Trump regime’s arrest of Mahmoud and their case against him represent a leap toward the radically different “legal” system the Trump/MAGA fascist regime is rapidly hammering into place, one which “openly and aggressively strips away basic rights and blatantly declares that there is no rule of law and due process of law other than what it dictates,” as the revolutionary leader Bob Avakian has stated.

The Trump Regime’s Lie-Filled, Overtly Fascist Case Against Mahmoud

Judge Comans had demanded that the government provide evidence to justify its detention and threatened deportation of Mahmoud Khalil.

What she got was a bare-bones submission from Secretary of State Marco Rubio with less than two-pages of assertions and no evidence to back them up.  It was not so much a legal pleading as a fascist diktat from the Trump regime.

The indictment is based on the Immigration and Nationality Act of 1952 (sometimes called the McCarran-Walter Act).  This gave the secretary of state authority to deport a noncitizen from the U.S. if their presence “would have potentially serious adverse foreign policy consequences,” or “compromise a compelling U.S. foreign policy interest.”  The basis for making this determination?  Their “past, current, or expected beliefs, statements, or associations that are otherwise lawful.”  In other words, their lawful speech and political actions.

Mahmoud is charged with “antisemitic protests and disruptive activities, which foster a hostile environment for Jewish students in the U.S.” His continued presence in the U.S. supposedly undermines “U.S. policy to combat anti-Semitism” and to “protect Jewish students from harassment and violence.” This and “disruptive protests” harm “core American interests” and foreign policy objectives. 

Invoking the 1952 McCarran-Walter Act to deport a political opponent breaks with existing legal practice and is likely unconstitutional. For one, it has previously only been invoked during war times.  For another, it’s been modified since 1952 including to protect "beliefs, statements, or associations" that are "lawful within the United States"—a change the Trump regime has clearly ignored.

Most importantly, this use of the 1952 Act tramples on the First Amendment and the fundamental right to free speech.  And in deliberately arguing its case on this basis, the Trump regime is trying to establish the precedent that it can target, detain, and deport legal, non-citizen residents—and soon others—simply because they oppose U.S. actions around the world.

The Trump regime’s anti-Semitism charge is a bald-faced lie: opposing genocide, or Israel, or Zionism do not constitute anti-Semitism—the hatred of or prejudice against Jews as a people.  And Mahmoud has consistently expressed his opposition to anti-Semitism and other forms of bigotry.²

However, Rubio was telling the truth about one thing: “disruptive protests” have undermined a “significant [U.S.] foreign policy objective”: supporting Israel and its genocide in Gaza. 

Those, like Mahmoud, who have courageously contributed to this should be hailed—not jailed! 

Judge Comans’ Rubber-Stamp Court

Judge Jamee Comans did not explore whether the Trump regime had the constitutional authority to deport noncitizens for lawful speech. She accepted it without question, saying that was not her mandate and she had no authority to question the Secretary of State.³

She did not demand evidence to support the government’s claim that Khalil had spread anti-Semitism.  She then refused Mahmoud’s lawyers’ requests to cross-examine or depose Secretary Rubio or other officials about the allegations made in their filing. “This court is neither inclined or authorized” to do so she said. 

She just rubber-stamped Rubio’s memo.  No actual evidence had been presented, yet Judge Comans found that “The department has met its burden to establish removability by clear and convincing evidence.” She called the charge that Mahmoud poses “adverse foreign policy consequences” for the U.S. “facially reasonable” (appears valid).

Mahmoud Khalil Condemns Court’s Violation of Due Process and Fairness

After she read her ruling, Mahmoud Khalil asked for and was granted an opportunity to address the court:

“I would like to quote what you said last time [there was a hearing] that there’s nothing that’s more important to this court than due process rights and fundamental fairness.  Clearly what we witnessed today, neither of these principles were present today or in this whole process. This is exactly why the Trump administration has sent me to this court, 1,000 miles away from my family. I just hope that the urgency that you deemed fit for me is afforded to the hundreds of others who have been here without hearing for months.”

Marc Van Der Hout, one of Mahmoud’s lawyers, summed up:

"Today, we saw our worst fears play out: Mahmoud was subject to a charade of due process, a flagrant violation of his right to a fair hearing, and a weaponization of immigration law to suppress dissent. This is not over, and our fight continues.  If Mahmoud can be targeted in this way, simply for speaking out for Palestinians and exercising his constitutionally protected right to free speech, this can happen to anyone over any issue the Trump administration dislikes. We will continue working tirelessly until Mahmoud is free and rightfully returned home to his family and community."⁴

An Ominous Decision That Must Be Massively and Immediately Opposed 

Mahmoud will not immediately be deported.  Judge Comans had demanded that his legal team apply for relief from the deportation order (which would enable Mahmoud to stay in the U.S.) by April 23. If relief is denied, his attorneys can appeal, first to an immigration board and then to a federal court.  If these and other legal efforts fail, Judge Comans said she would deport Mahmoud to either Syria, where he was born, or Algeria, where he has citizenship. 

Mahmoud has also filed a lawsuit challenging the legality of his arrest in federal court in New Jersey.  The judge in that case has ordered that Mahmoud not be deported while his New Jersey case, which will delve into the constitutionality of his detention and could lead to his freedom, is being heard.⁵

So it’s possible that Mahmoud’s legal proceedings will go on for weeks, even months more. 

It’s also quite possible that the Trump fascist regime will ignore the courts and act unilaterally to deport Mahmoud at any time.  The regime has already shown that it cares little about judges or courts and it knows that the political stakes of this case are high. All the more reason that opposition must be built, and linked to the all-important demand that The Trump Fascist Regime Must GO!

Mahmoud Khalil’s arrest, detention, and threatened deportation must not stand!  

Judge Comans’ ruling could have pivotal implications not only for the hundreds of other noncitizens currently being targeted by the Trump regime, but also for millions of others—citizens and non-citizens alike. 

Judge Comans decision has already granted “the government an early victory in its efforts to crack down on pro-Palestinian demonstrations on U.S. college campuses,” the New York Times assessed, and affirmed—for now—“the extraordinary power that the secretary of state, Marco Rubio, has asserted to target any noncitizen for deportation.”

Since Mahmoud was arrested, over 800 other noncitizen students, recent graduates, and university affiliates have had their visas revoked or their immigration status changed, according to Inside Higher Education. If the Trump/MAGA fascist regime gets away with deporting him, it will open the floodgates for even more detentions and deportations, possibly including U.S. citizens. 

As RefuseFascism.org stated following Comans’ decision:

Khalil’s arrest and, now, threatened deportation, is a turning point. It is a leap towards the consolidation of a different kind of country—a fascist America. Everyone everywhere must fill the streets to free Mahmoud Khalil.

To All who care about justice, humanity, and the future:
As Many and As One, We Demand: Mahmoud Khalil Must Be FREED NOW!

In The Name of Humanity, We Refuse to Accept a Fascist America.
The Fascist Trump Regime Must Go!