What is the immigration law being cited in Mahmoud Khalil’s federal deportation case?

Secretary of State Marco Rubio has initiated removal efforts for Mahmoud Khalil, a pro-Palestinian activist, by citing Section 237(a)(4)(C)(i) of the Immigration and Nationality Act (INA), which denotes individuals whose presence poses serious adverse foreign policy consequences for the United States as deportable.

Government officials allege that Khalil promoted pro-Hamas rhetoric on the campus of Columbia University, where he formerly attended classes as a student, during large scale protests. The green card holder is being held at a detention facility in Louisiana while a federal judge reviews his case. He has not been criminally charged.

“ICE [Immigration and Customs Enforcement] has charged Mahmoud Khalil under INA 237(a)(4)(C), the Cold War-era foreign policy deportation provision,” David Leopold, a former president of the American Immigration Lawyers Association and current partner at UB Greensfelder, told The Hill.

He said 1997 was the last time the provision in the INA was used.

U.S. District Judge Jesse Furman temporarily blocked the Trump administration from removing Khalil from the country, where his pregnant wife lives. She is a U.S. citizen.

“Importantly, no activity by Khalil is required to trigger deportation under this provision. Only his presence in the U.S. and a unilateral determination by Secretary of State Marco Rubio. The provision was meant to be used only sparingly and under exceptional circumstances,” Leopold added.

“But that’s not what the Trump administration says they’re going to do. Social media posts by the President, the White House and Rubio suggest they’re planning widespread use of the provision,” the attorney said.

Khalil received a notice to appear before an immigration judge on Sunday, according to documents from the Department of Homeland Security that were first obtained by The Washington Post.

It outlined proceedings scheduled for 8:30 a.m. March 27 at the LaSalle detention facility in Jena, La., listed as a U.S. Immigration and Customs Enforcement processing center and managed by the GEO Group as a private for-profit prison.

Khalil refused to sign the notice delivered by a supervisory special agent and has largely been unheard from since.

One of his attorneys, Ramzi Kassem, said during a Wednesday hearing that due to the LaSalle facility’s lockdown, Khalil’s legal team hasn’t yet been able to have a privileged attorney-client-protected phone call, alleging all communication has been monitored by the government. 

In response, Furman granted Khalil one call with his attorney on Wednesday and another on Thursday. 

Meanwhile, government officials have pushed to move his case out of New York to either to Louisiana or New Jersey. Furman directed the Justice Department to file a motion to move the location before midnight Wednesday.

He has also directed both Khalil’s defense team and U.S. prosecutors to submit a joint letter by Friday at noon EDT detailing when they plan to submit written arguments in the case.

— Updated March 13 at 4:41 p.m. EDT