DOJ seeks to keep anti-Israel activist Mahmoud Khalil detained in Louisiana immigration jail

Department of Justice attorneys asked a national justice connected Tuesday to cull anti-Israel activistic Mahmoud Khalil’s petition for authorities to merchandise him oregon transportation him from an immigration detention halfway successful Louisiana to 1 successful New Jersey.

The authorities attorneys said the courts bash not person the authorization to intervene with the enforcement branch's determination to detain a noncitizen who is successful removal proceedings. 

"Congress authorized detention of aliens and gave the Executive important discretion successful that regard," they wrote.

The attorneys besides said that logistically speaking, the Trump administration could not transportation Khalil adjacent if it wanted to. Khalil had asked a justice connected Monday to merchandise him from ICE detention successful Jena, Louisiana, connected bail portion his lawsuit proceeds oregon to transportation him to the Elizabeth, New Jersey, facility, which is person to his wife, newborn and ineligible team.

FEDERAL JUDGE SAYS ATTEMPTED DEPORTATION OF ANTI-ISRAEL RINGLEADER MAHMOUD KHALIL MAY BE UNCONSTITUTIONAL

Anti-Israeli activistic Mahmoud Khalil trashed the Trump administration's lawsuit against him successful a Washington Post file this week. (Selcuk Acar/Anadolu via Getty Images REUTERS/Shannon Stapleton)

The DOJ attorneys cited an ICE official's affidavit, which revealed that the ICE installation successful Elizabeth had 355 detainees, meaning it was implicit capableness by 51 people.

"ICE retains discretion to detain Khalil wherever it truthful chooses," the attorneys wrote. "Additionally, factual considerations counsel against transferring Khalil to Elizabeth. Simply, the installation is implicit capacity."

People stitchery for a protestation successful enactment of Mahmoud Khalil successful beforehand of a national courthouse successful Newark, New Jersey, connected Mar. 28, 2025. (Stephanie Keith for Fox News Digital)

Judge Michael Farbiarz, a Biden appointee, denied Khalil's archetypal petition to merchandise him from detention portion helium fights his removal from the state successful national court.

Khalil, a lawful imperishable resident, was arrested successful March extracurricular his flat astatine Columbia University. An migration justice deemed him removable based connected a memo from Secretary of State Marco Rubio that said Khalil's anti-Israel activism connected field ran antagonistic to the United States's overseas argumentation interests. Rubio cited a seldom utilized proviso of the Immigration and Nationality Act to warrant his finding.

ANTI-ISRAEL RINGLEADER MAHMOUD KHALIL POSTS $1 BOND AFTER FEDERAL JUDGE RULES TRUMP ADMINISTRATION CAN’T DETAIN HIM

Secretary of State Marco Rubio composed a Wall Street Journal op-ed laying retired the department's absorption connected America's relationships with occidental hemisphere nations. (AP Photo/Evan Vucci)

Khalil's lawsuit has garnered tremendous attraction from First Amendment advocates, who person argued the authorities is chilling escaped code by revoking the greenish paper of a noncitizen who outspokenly and aggressively opposes the Israeli authorities amid its violative successful the Gaza Strip and its escalating struggle with Iran.

Farbiarz agreed with Khalil and his supporters that Rubio's justification for revoking Khalil's greenish paper was apt unconstitutional.

But the Trump medication has alleged that successful summation to Khalil's advocacy amounting to overseas argumentation defiance and antisemitism, Khalil besides made omissions connected his greenish paper application.

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Khalil, who was calved successful Syria but has Algerian citizenship, near disconnected a authorities exertion signifier that helium was a subordinate of the Columbia University Apartheid Divest, and helium failed to disclose different places helium worked, including the United Nations Relief and Works Agency for Palestine Refugees successful 2023, according to the DHS.

The DHS alleged that Khalil "procured his ineligible presumption done ‘fraud oregon by willfully misrepresenting a worldly fact,’" successful usurpation of migration laws.