Mahmoud Khalil’s attorneys and DOJ spar over whether a warrant was needed to arrest him, court documents reveal

By Gloria Pazmino and Taylor Romine, CNN

(CNN) — Attorneys for the Department of Justice said federal agents did not have an arrest warrant when they took Columbia University graduate Mahmoud Khalil into custody because the agents believed he was a flight risk before they could obtain a warrant, according to court documents filed Thursday – it’s a characterization Khalil’s attorneys say is disproven by previously released video of the arrest.

In their filing, the DOJ said when a Homeland Security Investigations agent approached Khalil and asked for identification while outside his apartment, he shared a foreign driver’s license and not a conditional residence card, also known as a green card.

Under US law, lawful permanent residents over 18 are required to carry an “evidence of registration” document at all times.

The agent “exercised discretion” and allowed Khalil’s wife to get the card in their apartment, despite the offense being a misdemeanor, the court document says.

While waiting for Khalil’s wife, the agent asked him “to cooperate while they attempted to verify his identify,” but Khalil “stated that he would not cooperate and that he was going to leave the scene,” the court document says. The agent “believed there was a flight risk and arrest was necessary,” and put him under arrest, the document says.

Khalil’s attorneys responded to the government’s claims by pointing to video of the arrest, which shows Khalil did not attempt to flee or refuse to cooperate with agents as they placed him in handcuffs.

The DOJ submitted documents to a New Jersey court Thursday, with both sides sparring over whether a warrant was needed to arrest Khalil, a legal permanent resident.

“The Trump administration’s latest motion shows that they are steadfast in smearing Mahmoud Khalil to justify his horrific and unconstitutional abduction. We have the receipts: Mr. Khalil was taken from his family with no warrant and in clear retaliation for his protected speech,” Veronica Salama, staff attorney at the New York Civil Liberties Union said in a statement. “We will continue to fight for Mr. Khalil’s freedom and defend the right to speak freely about Palestinian rights without fear of detention and deportation.”

CNN has reached out to the White House for comment.

The documents were filed in response to a request from New Jersey federal district court Judge Michael Farbiarz, who directed Khalil’s legal team and attorneys for the Department of Justice to submit all filings that were presented in Khalil’s immigration case, which is playing out in a Louisiana immigration court.

CNN has reached out to Immigration and Customs Enforcement and the Department of Homeland Security, but has not heard back.

Khalil has two parallel cases playing out in two separate courts: an immigration case in Louisiana and a federal case in New Jersey where his attorneys are challenging the legality of his detention and seeking his release on bail.

The legality of Khalil’s detention is central to the case currently unfolding in New Jersey, where his attorneys have petitioned the court for his release.

“They further do not dispute that they had no warrant at all, neither judicial nor administrative, when they arrested Mr. Khalil in his private apartment building. Instead, without pointing to a single piece of evidence, they falsely contend that Mr. Khalil refused to cooperate with agents, and this supposed failure to cooperate justified their warrantless arrest,” Khalil’s attorneys wrote.

Khalil, a Columbia University graduate who played a prominent role in helping organize protests against the Israel-Hamas war on the campus of Columbia last year has been in custody in Louisiana since March.

Louisiana Assistant Chief Immigration Judge Jamee Comans found Khalil should be deported during proceedings earlier this month after the government submitted evidence to support Khalil’s deportation, which consisted of a two-page memo from Secretary of State Marco Rubio saying the pro-Palestinian activist is deportable because his “beliefs, statements or associations” would compromise US foreign policy interests.

Rubio’s determination was also cited by attorneys who told the court they were not required to obtain a warrant after Rubio’s directive was issued.

“Given the agents’ interaction with the respondent and the information received regarding removability and the Secretary of State’s determination, the agents had reason to believe that the respondent was likely to escape before a warrant could be obtained,” attorneys for the Department of Justice wrote.

The documents also reveal immigration officers were surveying Khalil’s movements prior to the arrest as part of an effort to establish what attorneys for the Department of Justice describe as a “pattern of life.” It was during that surveillance that officers received notice that a charge of removability under the Immigration and Nationality Act had been approved and supported by the Secretary of State.

Khalil’s attorneys and the government were facing a deadline to submit additional documents to the immigration court this week. Judge Comans had ordered the parties to submit any additional evidence or motions seeking relief.

Attorneys for Khalil told CNN Thursday he has applied for asylum with the court, which remains sealed due to the sensitive nature of the request.

It’s not entirely clear why New Jersey district court Judge Farbiarz requested to see evidence submitted in the immigration case.

During a hearing with the parties last week, Farbiarz said he was still weighing whether he had jurisdiction to rule on multiple motions before him – including a motion to release Khalil on bail, a motion to compel the government to return him to New Jersey, and a motion seeking a preliminary injunction that would release Khalil from custody.

If Farbiarz grants the preliminary injunction it would also block the Trump administration from targeting other noncitizens who have engaged in protest activity for deportation.

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