Court documents, revealed on Wednesday by the American Civil Liberties Union (ACLU), showed that Louisiana immigration Judge Jamee Comans issued the ruling on September 12, accusing Khalil of failing to disclose key information when he applied and secured lawful permanent residency in the US.
Khalil, a native of Syria and an Algerian citizen of Palestinian origin, has previously stated that he fears being targeted by Israel for his activism if he is deported to either country.
Judge Comans claimed that Khalil did not disclose his ties to the United Nations agency for Palestinian refugees (UNRWA) and Columbia University Apartheid Divest, an activist group which advocates for an economic boycott of Israel, on his green card application, describing it as a “lack of candor” by the applicant.
“This Court finds that Respondent wilfully misrepresented material fact(s) for the sole purpose of circumventing the immigration process and reducing the likelihood his applications could be denied,” Comans said.
Khalil’s lawyers responded, saying that they intend to appeal the deportation order, and pointed to a federal district court’s order earlier this year prohibiting the government from immediately deporting or detaining Khalil as his federal court case proceeds.
Khalil’s legal team now has 30 days from the day of the deportation ruling, on September 12, to appeal against the decision to the Board of Immigration Appeals. His lawyers noted that they expect the appeal process to be swift and their attempt unsuccessful, as noncitizens are “almost never” granted stays of removal.
US immigration agents first arrested Khalil – a former graduate student at Columbia University in New York – on March 8 after showing up at his student apartment building on campus in the city.
The arrest was part of a wider crackdown on pro-Palestine activism on college campuses across the US, which saw several overseas students detained and deported while universities were hit with federal funding cuts by Trump over alleged anti-Semitic activities.
Authorities held Khalil at an immigration detention centre in Louisiana for three months until he was released in June following a ruling by US District Judge Michael Farbiarz that his detention was unconstitutional.
US Secretary of State Marco Rubio and law enforcement officials had repeatedly portrayed Khalil’s peaceful activism as anti-Jewish and supportive of Hamas, but they failed to provide any evidence backing their allegations.
Farbiarz ruled that the Trump administration was likely violating Khalil’s right to free speech by detaining and attempting to deport him under a provision of the Immigration and Nationality Act of 1952, which allows the removal of foreign nationals who bear “potentially serious adverse foreign policy consequences for the United States”.
The White House has been relentless in its attempts to deport Khalil, pivoting more recently to the alleged violations of his green card application.
Khalil’s lawyers expressed concern following the deportation ruling that the “only meaningful impediment” to their client’s deportation was now the “important order prohibiting removal” issued by Judge Farbiarz.
In a statement published by the ACLU on Wednesday, Khalil also accused the Trump administration of using “fascist tactics” to retaliate against him for his “exercise of free speech”.
“When their first effort to deport me was set to fail, they resorted to fabricating baseless and ridiculous allegations in a bid to silence me for speaking out and standing firmly with Palestine, demanding an end to the ongoing genocide [in Gaza],” Khalil stressed.
