The 104-day detention of a Columbia student highlights a controversial use of immigration law
In short: In March 2025, Mahmoud Khalil, a Columbia University graduate student and lawful permanent resident, was arrested by federal agents without a warrant. His detention, which lasted 104 days, became a flashpoint in debates over free speech, the reach of executive power, and the use of Cold War-era statutes against political activists.
Mahmoud Khalil, an Algerian citizen and permanent resident, was taken into custody by ICE agents on March 8, 2025, at his New York City apartment. Although agents initially cited the revocation of his student visa, they pivoted to targeting his green card status upon learning of his permanent residency. Khalil, a lead negotiator for the Gaza Solidarity Encampment, had faced an intense online campaign from groups like Betar US and Canary Mission, which labeled him a security threat. The arrest occurred shortly after the Trump administration canceled $400 million in federal funding for Columbia, citing the university's alleged failure to address antisemitism.
The government’s legal justification rested on a section of the Immigration and Nationality Act of 1952, which allows for deportation if the secretary of state determines an individual’s presence negatively impacts U.S. foreign policy. Critics and legal experts have drawn parallels between this application of the law and McCarthyism. While a federal judge in New Jersey initially stayed the deportation and questioned the constitutionality of the arrest, an immigration judge in Louisiana later ruled Khalil deportable, citing alleged omissions on his green card application. The case has since moved to the Board of Immigration Appeals.
Khalil’s detention was marked by significant personal hardship, including the government's refusal to allow him to attend the birth of his son in April 2025. During his time at the LaSalle Detention Center in Louisiana, he was held among approximately 70 other men. The case has drawn widespread condemnation from civil rights organizations and Democratic lawmakers, who characterize the targeting of Khalil as an example of the 'Palestine exception' to free speech. The administration’s actions, including the use of AI to monitor student social media, reflect a broader shift in federal policy toward the surveillance and removal of foreign nationals engaged in political protest.
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