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'Green card holders have rights' - immigration lawyer on Mahmoud Khalil's arrest by ICE
Diario As
Seguir
10/3/2025
Categoría
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Noticias
Transcripción
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00:00
It's highly unusual because Mr. Khalil is a green card holder.
00:27
Green card holders have rights.
00:29
They just cannot be picked up in the way he has been and detained incognito.
00:50
As of now there are no assurances from the university that no NYPD or any other law enforcement
00:56
including the National Guard will be brought into the university.
01:01
They're justifying it based on an executive order that Trump issued that would authorize
01:09
the DHS to use the Immigration Act to go after students who have protested in the context
01:20
of the Gaza conflict.
01:23
But an executive order cannot change the law.
01:28
We do have a statute and it bears repeating where the government has a heavy burden to
01:35
establish through clear and convincing evidence that the green card holder is deportable under
01:42
one of the grounds of deportation in the Immigration and Nationality Act.
01:56
Since taking office my administration has launched the most sweeping border and immigration
02:02
crackdown in American history.
02:10
The person should have been convicted of a crime, a deportable offense.
02:18
I don't believe Mr. Khalil has been convicted of such an offense from what I know.
02:26
You could also initiate deportation proceedings if a green card holder has provided material
02:33
support to a terrorist organization, which is what the Trump administration has been
02:40
alleging.
03:01
Let's assume that he has been solely involved in campus protests for Palestinian rights.
03:10
That in itself should not constitute material support to terrorism.
03:19
The government has a very high burden of proof.
03:23
They have to demonstrate through clear and convincing evidence that the person they wish
03:31
to remove is deportable from the United States.
03:36
That is a very high burden.
03:44
Once again our movement here, when they tried to clear it last week, we prevailed.
03:49
If they want to once again bring NYPD or any law enforcement, we will prevail.
04:01
If he's not been convicted of a crime and he's not been abroad so that they can then
04:08
establish that he abandoned permanent residence, he's been here in the United States, I don't
04:15
see how they can deport a green card holder.
04:18
A green card holder does have solid rights established in the Immigration and Nationality
04:24
Act and also buttressed by Supreme Court precedents.
04:49
The writ of habeas corpus allows a person who has been unlawfully detained to file a
04:57
writ in federal court to challenge the detention and to have the government answer and provide
05:04
a legal basis for the detention.
05:08
That's what's been done on Sunday, from what I know.
05:18
If the notice to appear is issued, if they've initiated deportation proceedings against
05:40
Mr. Khalil, then they can detain him, but Mr. Khalil can ask an immigration judge to
05:50
conduct a bond hearing so that he can be released.
05:54
He should be released in a bond proceeding because he's not a threat to the community,
06:01
he's not a flight risk from what we know.
06:05
If he's able to post bond, he should be released while the proceedings are instituted against
06:13
him to deport him.
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