Statement of the New York City Bar Association on the Arrest and Detention of Mahmoud Khalil
The New York City Bar Association (the “City Bar”) expresses grave concern over the arrest, detention, and potential deportation of Mahmoud Khalil, a Palestinian student and lawful permanent U.S. resident. Mr. Khalil, a former graduate student at Columbia University’s School of International and Public Affairs, has been an active participant in campus discussions related to the war in Gaza following the atrocities of October 7, 2023.
Media reports indicate that Mr. Khalil was taken into custody by Department of Homeland Security (“DHS”) agents in plain clothes. He has since been transferred to a detention facility in Louisiana, and his access to legal counsel was reportedly obstructed. These circumstances raise serious due process concerns, including transparency concerning his detention, the choice of venue for his detention, and the ability of his legal representatives to advocate on his behalf.
The legal basis for Mr. Khalil’s detention appears to stem from an obscure and rarely invoked provision of the Immigration and Nationality Act (the “INA”), under which the Secretary of State has untested authority to revoke visas. While the Secretary of State does have some discretion in such matters, the lack of clear standards and judicial precedent governing this provision underscores the need for rigorous procedural safeguards. The provision invoked is also relatively vague, giving rise to due process concerns. Moreover, legal permanent residents such as Mr. Khalil are entitled under the INA to a hearing on removability, where the government bears the burden of proving its case by clear and convincing evidence. Any effort to deport Mr. Khalil must adhere to these fundamental legal protections.
The City Bar also notes that any governmental action restricting lawful political expression raises serious constitutional concerns. To the extent that Mr. Khalil’s arrest and detention were not based on lawful grounds but were instead a response to his participation in campus activism (as appears to be the case based on media reporting), such actions would constitute a severe infringement on First Amendment rights. The use of immigration enforcement to suppress dissent is a hallmark of authoritarianism and creates a dangerous chilling effect on free speech, particularly in academic institutions that serve as forums for open debate and democratic engagement.
Beyond domestic law, the City Bar also urges the U.S. government to comply with its international legal obligations, including those under the International Covenant on Civil and Political Rights (the “ICCPR”), to which the United States is a party. The ICCPR prohibits arbitrary detention and guarantees freedom of expression and due process, rights that must be respected in Mr. Khalil’s case.
In light of these concerns, the City Bar urges the U.S. government to uphold due process in Mr. Khalil’s case, ensure transparency concerning his detention, and facilitate his access to legal counsel. We further call on legal professionals and institutions to remain vigilant in safeguarding the rule of law and constitutional rights in moments of political tension.