Judge Rules Detained Palestinian Activist Must Have Private Access to Lawyers via Phone Calls

A green card holder who spearheaded pro-Palestinian demonstrations at Columbia University and was recently apprehended by federal immigration officials must be granted the opportunity to have private conversations with his attorneys, a federal judge in New York ruled on March 12.

During a hearing in Manhattan, U.S. District Judge Jesse Furman stated that Mahmoud Khalil, who was a graduate student at Columbia when he initiated the protests, can make at least one phone call on Wednesday and one on Thursday using unrecorded lines.

This order came after Ramzi Kassem, one of Khalil’s attorneys, informed the court that his client had only been permitted to make a single call to his legal team.

Furman noted that these calls would assist Khalil’s lawyers in preparing a revised petition contesting the constitutionality of his arrest.

Khalil was detained over the weekend by agents from the Department of Homeland Security outside his university residence in Manhattan.

He was then taken to Louisiana, where he remains in custody. Furman had previously prevented any attempts to deport Khalil following the activist’s petition regarding his arrest, a condition that will continue as the case moves forward. Furman stated during the hearing that, since the government did not challenge this order, it will remain in place.

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Brandon Waterman, a government attorney, informed the court that he was unaware of any issues regarding Khalil’s access to his lawyers. Waterman indicated that he would investigate the situation.

He also mentioned that the government intends to challenge the judge’s jurisdiction, arguing that Khalil’s case should have been initiated in Louisiana or New Jersey, where he was first taken post-arrest.

Khalil, who organized protests against Israel in response to the Hamas terrorist attack in October 2023, is a permanent resident of the United States. His lawyers stated that he is married to a U.S. citizen who is currently pregnant.

“He was taken by U.S. government agents in retaliation for exercising his First Amendment rights, for advocating on behalf of Palestinians in Gaza and elsewhere, and for being critical of both the U.S. and Israeli governments,” Kassem told reporters following the hearing.

The Trump administration asserts that pro-Palestinian demonstrations on college campuses, including Columbia, have featured support for the terrorist group Hamas and antisemitic harassment directed at Jewish students. Organizers of student protests contend that criticism of Israel is being improperly equated with anti-Semitism.

“According to the Immigration and Nationality Act, the Secretary of State possesses the authority to revoke a green card or visa for individuals who are opposing or are hostile to the foreign policy and national security interests of the United States,” White House press secretary Karoline Leavitt told reporters in Washington this week. “Mahmoud Khalil was someone who was granted the privilege of studying at one of this nation’s premier universities. He exploited that privilege by aligning himself with terrorists.”

Kassem asserted that the reasons cited by the government are vague and “rarely invoked,” claiming they represent “a punitive measure and retaliation for the exercise of free speech” that will not withstand judicial scrutiny.

Leavitt told reporters: “I cannot provide an estimate on how many arrests may occur, but I am aware that the DHS is actively pursuing this matter.”

Oliver Mantyk and Reuters contributed to this report.