Prosecutors want case against Columbia University protester moved out of NYC

Government lawyers want the case against a recent Columbia University graduate who was taken into custody by immigration officials near campus this past weekend to be argued outside of New York City, they said in federal court Wednesday morning.

Authorities arrested Mahmoud Khalil, who played a leading role in campus protests against the war in Gaza, at a university-owned apartment building, the Associated Press first reported. Hours later, Khalil’s lawyers filed court papers asking a federal judge to release him from custody. But prosecutors said in court that Khalil had already been moved out of the city by the time the legal papers were submitted, so the case shouldn’t be litigated in New York City. He has not been charged with a crime.

Khalil’s attorney, Amy E. Greer, said he is a legal permanent resident. She said his wife, who is a U.S. citizen, is eight months pregnant. Khalil was born in Syria, according to detention records. His lawyers have filed a habeas corpus petition to challenge the legality of his confinement.

Detention records show Khalil is being held at a processing center in Jena, Louisiana. Before that, he was briefly held at a detention facility in New Jersey. Prosecutors said they think a judge in either New Jersey or Louisiana should oversee the case.

Khalil was not in court on Wednesday.

On Monday, U.S. District Judge Jesse Furman ordered the government not to remove Khalil from the country “unless and until the Court orders otherwise.” Dozens of Khalil’s supporters crammed into the wooden benches in a first-floor courtroom on Wednesday as Furman and attorneys spent about 30 minutes discussing the case. They mainly spoke about logistical issues, including scheduling for the next round of legal briefs. Furman pressed both sides to work quickly and said there would be consequences for any missed deadlines.

“There is a need for speed here,” he said.

One of Khalil’s attorneys, Ramzi Kassem, said his team plans to submit a more detailed habeas corpus petition this week but declined to share any details about the arguments they plan to make. He also urged the judge to help facilitate communication with his client while they fight his detention. The lawyer said his team requested a privileged call with Khalil, meaning that it wouldn’t be monitored or recorded by government officials, and were told they would have to wait more than a week to speak with him on a secure line.

“Our access to our client is severely limited by the fact that he is in Louisiana,” Kassem said.

Furman said he would order officials to schedule one privileged call on Wednesday and another on Thursday. The judge also warned against “constant moving” of an immigration detainee so lawyers don’t know where to file papers.

Outside the courthouse, Kassem told a crowd of reporters and protesters that Khalil’s arrest “is nothing short of extraordinary and shocking and outrageous.”

“It should outrage anybody who believes that speech should be free in the United States of America,” he said.

Kassem accused the government of sending his client to Louisiana to take him away from his lawyers, the court and his family.

“Every day that Mahmoud spends in detention is a day too long,” he said. “We and he fully intend to vindicate not just his First Amendment rights but those of all Americans, frankly, and all lawful permanent residents and anybody who wants to speak up. It simply cannot be the case that you can be disappeared at night, off the streets of New York City simply because the current U.S. government, the current administration at the White House, dislikes what you have to say.”

A member of Khalil’s legal team, Shezza Abboushi Dallal, read a statement on behalf of Khalil’s wife, who she said has asked not to be identified.

“It’s shameful that the United States government continues to hold him because he stood for the rights and lives of his people,” she said. “I demand his immediate release and return to our family. His disappearance has devastated our lives.”

Hundreds of protesters filled Foley Square across the street from the courthouse, cheering for Khalil’s attorneys. Some wore keffiyehs and held Palestinian flags. A large handwritten sign also condemned the media and the killing of Palestinian children. Police encircled the square, and at least two officers with dogs stood outside the courthouse.

Furman ordered the government and Khalil’s attorneys to each file papers in the coming days. Then, he is expected to decide whether to keep the case under his purview or move it elsewhere.

Furman was nominated to join the federal bench in 2011 by then-President Barack Obama. He’s since presided over various high-profile proceedings, including against President Trump's former fixer Michael Cohen and Michael Avenatti, the former lawyer of Trump accuser and adult film star Stormy Daniels. During the last Trump presidency, Furman ruled that the administration could not add a citizenship question to the 2020 census.

Khalil’s arrest casts Columbia University into the spotlight almost a year after protesters set up an encampment on the Ivy League school’s lawn to protest the war, sparking a movement that spread to campuses across the country. It also signals the Trump administration’s escalating approach to pro-Palestinian activism on college campuses.

Secretary of State Marco Rubio said on the social media platform X that officials plan to revoke the visas and green cards of Hamas supporters. The administration also pulled $400 million in federal funding last week because of “relentless violence, intimidation and antisemitic harassment.”

In a statement, Department of Homeland Security spokesperson Tricia McLaughlin said Khalil’s arrest follows Trump’s executive order prohibiting antisemitism.

“Khalil led activities aligned to Hamas, a designated terrorist organization,” she said.

This story has been updated with additional information.