NEWARK — An activist facing deportation after leading pro-Palestinian protests on Columbia University’s campus will remain in custody as a federal judge decides whether New Jersey’s federal court system is the proper venue for his case. Judge Michael Farbiarz said after a Friday hearing that he would decide “as quickly” as he can on whether Mahmoud Khalil’s plea to be freed from detention should be heard in New Jersey or moved to Louisiana, where he’s currently being detained by U.S. Immigration and Customs Enforcement. The Trump administration wants the case heard in Louisiana. Attorneys for Khalil and the federal government appeared before Farbiarz Friday for nearly 90 minutes to argue over which court has jurisdiction over the case. Khalil’s wife, Noor, who is eight months pregnant, sat in the first row of the crowded courtroom that was filled with media, attorneys, and Khalil’s friends. The judge’s decision on jurisdiction will come before any hearing on Khalil’s petition to be released from detention. Khalil, a Syrian native, is a green card holder who has not been charged with a crime. After immigration officers arrested Khalil in New York City March 8, he was transferred to the Elizabeth Detention Center in New Jersey. That’s where he filed his bid to be released — known as a writ of habeas corpus — with a federal court in Manhattan. Khalil was then taken to a detention center in Louisiana. Last week, Judge Jesse Furman in the Southern District of New York said he doesn’t have jurisdiction over the case because Khalil filed his petition for release while he was in New Jersey, so Furman transferred the case here . The Trump administration opposed moving Khalil’s case to New Jersey. Khalil has been held in Louisiana for roughly three weeks, and is set to appear before an immigration judge April 8. Bahar Azmy, one of Khalil’s lawyers, told Farbiarz that Khalil’s arrest is rooted in the government’s aim to “retaliate” against his free speech. Khalil was an outspoken leader of anti-Israel protests on Columbia’s campus last spring. Azmy accused federal prosecutors of “forum shopping” to get the case before a more sympathetic judge. Azmy noted that Rumeysa Ozturk, a student at Tufts University who was taken into custody by immigration officials this week, was sent to a Louisiana detention center despite a court order barring the transfer. A ruling in the government’s favor in Khalil’s case could have a “chilling” effect as more university students are picked up by immigration enforcement officials who would feel free to send them far from their families and legal teams, he said. August Flentje, an attorney representing the Trump administration, noted that Khalil was only in New Jersey for “a few hours” before moving to Louisiana. Flentje told the judge there is no intention to move Khalil again right now, and that it “made no good sense to transfer the case to this court, where Mr. Khalil is not detained.” “Our view is, for jurisdictional certainty, this case belongs in Louisiana,” said Flentje, who declined to speak to reporters outside the courthouse. The Trump administration has said that Khalil and other students involved in pro-Palestinian campus protests should have their visas or residency statuses revoked because they showed support for terrorist organization Hamas. Azmy told reporters after the hearing that argument has “dangerous” implications. “This is a case where the United States government has created a policy targeting Palestinian activists, and specifically for Mahmoud Khalil, for arrest, detention and potential removal because the United States government disagrees with his constitutionally protected right to dissent from U.S. foreign policy,” he said. During the hearing, hundreds of protestors rallied outside the courthouse in support of Khalil, waving Palestine flags and holding signs reading, “ICE off our campuses” and “Release Mahmoud Khalil!” Khalil’s legal team praised the judge for his “smart” questions and said they believe the ruling will be in their favor. One of his attorneys, Ramzi Kassem, said the goal is to get Khalil released in time to witness the birth of his first child. “Every day matters, and that’s why we’re leaving no stone unturned,” he said. “We have a number of motions pending with the court, and we hope the court will agree with us on jurisdiction so that we can move forward on those motions.” Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.
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