A two-page memo from US Secretary of State Marco Rubio cites personal beliefs of a pro-Palestinian activist to justify his deportation, prompting sharp criticism from his legal team and raising questions about the Trump administration's efforts to silence pro-Palestinian activists.
During a hearing on Tuesday in Louisiana, Immigration Judge Jamee Comans gave the Trump administration 24 hours to justify the expulsion of Mahmoud Khalil, a 30-year-old legal permanent resident who was arrested by immigration authorities in New York on March 8.
The judge warned that if the evidence failed to support the case, “then I am going to terminate the case on Friday.”
In response, Rubio submitted a memo, citing a provision in the Immigration and Nationality Act of 1952. The document claims that Khalil’s continued presence in the US would undermine foreign policy objectives by fostering “a hostile environment for Jewish students.”
While acknowledging that Khalil’s “beliefs, statements, or associations” may be lawful, Rubio argues the Secretary of State has the authority to decide unilaterally if a foreign national should be removed on foreign policy grounds.
Khalil’s legal team dismissed the memo as insufficient and constitutionally troubling.
“The government submitted, as you all have seen now, a two-page document. Two pages, that’s it,” attorney Marc Van Der Hout said during a virtual press conference on Thursday. “His determination, quote, unquote, has absolutely nothing to do with foreign policy.”
Van Der Hout emphasized that the memo references Khalil’s constitutionally protected speech and protest activity, not any actual threat to national security or foreign relations. “This is a dangerous slope and we are taking a stand on behalf of Mahmoud,” he said, warning that the administration appears to be targeting dissent rather than misconduct.
Baher Azmy, another lawyer on Khalil’s team, echoed the concern. “What this case is really about is whether lawful permanent residents — and other immigrants to this country — can speak out about Israel’s brutal attacks on Gaza and Palestine... without fear of deportation,” he said. “Are US citizens going to be next?”
Attorney Johnny Sinodis added that the government “has finally admitted that they have no case whatsoever against him” and that Rubio’s memo contains “not a single shred of proof” that Khalil poses a threat. The defense expects the judge to dismiss the case based on the lack of supporting evidence.
Khalil, a Palestinian refugee born in Syria, is married to a US citizen and holds a green card. He is currently detained at an ICE processing facility in Jena, Louisiana.
According to his legal team, his permanent residency was revoked after his arrest. His wife is nine months pregnant, and Khalil has expressed hope of being released in time for the birth of their first child.
A ruling is expected at Friday’s hearing. If the judge orders deportation, Khalil’s attorneys plan to appeal.
The US secretary of state had previously posted on X that “we will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”
The case comes amid a wider crackdown on pro-Palestinian activism across the United States. On Tuesday, the US government froze over $1 billion in funding for Cornell University and $790 million for Northwestern, as well as revoking hundreds of visas for international students.
These actions appear to target universities that have supported pro-Palestinian protests, with institutions like Harvard, Columbia, and Princeton also facing scrutiny. The Trump administration has suspended numerous research grants linked to these universities.
Trump has begun to act on a threat to deport non-citizen university activists linked to pro-Palestine protests, which rocked the US last spring, with students staging daily protests in college campuses across the country for weeks.