The judge said the Trump administration’s evidence – a two-page letter from Secretary of State Marco Rubio – is sufficient to deport Khalil under an obscure legal provision.

JENA, Louisiana – An immigration judge in Louisiana ruled on Friday that Palestinian student protest leader Mahmoud Khalil can be deported on the basis of a letter from Secretary of State Marco Rubio that says he has personally determined Khalil poses “adverse foreign policy consequences” to the US.

Khalil, clean-cut but pale, with ACLU attorney Nora Ahmed at his side, listened as Judge Jamee Comans said the Trump administration’s evidence – which primarily relied on a two-page letter from Rubio – was sufficient to deport him under a rarely used legal provision in immigration law.

Khalil has not been charged with a crime. Instead, the Trump administration alleged that his presence poses adverse “foreign policy consequences.”

  • ShdwdrgnEnglish
    9·
    14 days ago

    I was just reading a comment on Mastodon that immigration judges are not actual judges but are employed by the Administration. Which means they can’t even rule on the constitutionality of the information provided – so they’re really nothing but puppets to make the process appear to be legal.

    So the next question is… can the ruling be appealed before a real judge?

      • ShdwdrgnEnglish
        5·
        13 days ago

        This is the Mastodon link, but he is quoting a NYT article (from which I’ll quote the meat)…

        https://tech.lgbt/@joshuajfriedman.com@bsky.brid.gy/114321303656287669

        Immigration judges are employees of the executive branch, not the judiciary, and often approve the Homeland Security Department’s deportation efforts. It would be unusual for such a judge, serving the U.S. Attorney General, to grapple with the constitutional questions raised by Mr. Khalil’s case. She would also run the risk of being fired by an administration that has targeted dissenters.

        “This court is without jurisdiction to entertain challenges to the validity of this law under the Constitution,” Judge Comans said as she delivered her ruling, apparently reading from a written statement.