Background

The Trump administration has confirmed that Mahmoud Khalil, a recent Columbia graduate, was arrested by Immigration and Customs Enforcement (ICE) agents. According to the White House, Khalil's arrest was personally ordered by Secretary of State Marco Rubio, citing the Immigration and Nationality Act (INA), a McCarthy-era statute.

The INA allows the Secretary of State to declare noncitizens deportable if their presence in the US is deemed a threat to foreign policy interests. However, this provision is rarely used and requires a letter from the Secretary of State stating the reasons for the determination.

Legal Proceedings

Khalil's arrest has sparked controversy, with many questioning the legality of the administration's actions. While the Secretary of State has the authority to declare noncitizens deportable, only an immigration judge can make the final decision. Khalil is entitled to a legal process, including a hearing before the judge.

Khalil's lawyer, Amy Greer, has filed a habeas corpus petition, requesting his release from ICE detention. The petition is currently being reviewed by a federal court.

Implications

Khalil's case marks a significant shift in the Trump administration's immigration policy and stance toward dissidents. The administration has promised to target other international students who have been involved in campus protests, potentially flagging them for deportation.

The use of the INA to target Khalil has raised concerns about the erosion of civil liberties and the potential for abuse of power. Many have drawn comparisons to the McCarthy era, when the US government targeted individuals deemed subversive or a threat to national security.