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Khalil’s Warrantless Arrest Raises Legal and Political Questions

NEW YORK CITY, NY — The Trump administration acknowledged on Thursday that Immigration and Customs Enforcement (ICE) agents did not have a warrant when they arrested pro-Palestinian activist Mahmoud Khalil in March. The admission came as Khalil’s attorneys requested that an immigration judge terminate his deportation case, arguing that his arrest was unlawful.
The Department of Homeland Security (DHS) conceded in court filings that agents usually need warrants before making arrests. However, they claimed Khalil’s arrest fell under ‘exigent circumstances,’ suggesting agents believed he might flee before a warrant could be obtained.
Khalil’s legal team rejected the assertion that he was a flight risk. They pointed out in their own court filings that he ‘fully complied’ with ICE agents’ requests at the time of the arrest, which occurred outside his New York City apartment where he lived with his pregnant wife, Noor Abdalla.
‘No agent present at the scene submitted sworn testimony that Mr. Khalil attempted to flee or posed a flight risk,’ his attorneys stated. This past week, Khalil missed the birth of his child when his request for temporary release was denied by ICE.
Most prominent for his role in protests over the Gaza conflict, Khalil is currently facing deportation despite not being charged with any crime. The Trump administration has justified his removal under two legal arguments: accusations of immigration fraud and a claim from Secretary of State Marco Rubio stating that Khalil’s activities pose ‘adverse foreign policy consequences’ for the United States.
Khalil’s lawyers have countered these allegations, emphasizing that he did not violate immigration laws. The federal immigration court had earlier ruled that it could not challenge Rubio’s determination related to Khalil’s deportation.
This week, Khalil formally applied for asylum, adding another legal layer to his ongoing immigration case being heard in Louisiana. His attorneys are also pursuing a separate lawsuit in federal court that seeks to challenge the legality of his detention.
Statements from Khalil’s legal team assert that the case represents a broader trend of the government’s targeting of activists for their political beliefs. Khalil’s situation has garnered international attention, particularly in relation to the Trump administration’s harsh stance toward those involved in pro-Palestinian demonstrations.
Department of Homeland Security officials have indicated that Khalil’s arrest was necessary to prevent possible flight. However, video footage from the arrest shows him cooperating with agents, contradicting the government’s claims of his alleged uncooperativeness.
Khalil remains in detention at a facility in Louisiana as his legal battles unfold, with his lawyers and advocacy groups arguing for his release amid concerns about the government’s treatment of political dissidents.
‘This is a clear case of a political prisoner,’ stated Amy Greer, one of Khalil’s attorneys, reflecting the sentiments of many who view his arrest as an infringement on civil liberties. ‘We are determined to fight against this action by the Trump administration.’