Newly-released memo from Rubio details government’s only evidence in effort to deport Mahmoud Khalil

By Lauren Mascarenhas and Gloria Pazmino, CNN

(CNN) — The federal government outlined evidence to support Mahmoud Khalil’s deportation order in a newly-released, two-page memo from Secretary of State Marco Rubio.

The memo says the Palestinian activist and Columbia University graduate is deportable because of his “beliefs, statements or associations” that would compromise US foreign policy interests. It was submitted Wednesday in response to a request from an immigration judge for evidence to support Khalil’s deportation case.

The administration previously said it based its deportation order for Khalil on an obscure provision from the Immigration and Nationality Act – which provides broad authority to the Secretary of State to revoke a person’s immigration status if their “activities in the United States would have potentially serious adverse foreign policy consequences” to the country.

“For cases in which the basis for this determination is the alien’s past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien’s presence or activities would compromise a compelling U.S. foreign policy interest,” the memo from the secretary reads.

The secretary made his determination “based on information provided by the DHS/ICE/HSI regarding the participation and roles of (redacted) and Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States,” Rubio states.

The actions and continued presence of Khalil in the US “undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States,” the memo continues.

The memo contains no allegations of criminal activity.

“This is a dangerous slope and we are taking a stand on behalf of Mahmoud,” said Marc Van Der Hout, an immigration attorney for Khalil, at a Thursday afternoon briefing. “People like Mahmoud have a constitutional right to speak out in this country.”

The memo’s release comes about a month after Khalil, a prominent pro-Palestinian activist and legal permanent resident, was taken into custody by federal agents outside of his Columbia University apartment and ultimately transferred to a detention center in Jena, Louisiana.

Assistant Chief Immigration Judge Jamee Comans had ordered the federal government to turn over evidence supporting its order to remove Khalil from the US by Wednesday evening or she would move to terminate the case by Friday, according to Khalil’s lawyers.

The Department of Homeland Security has previously said it ordered Khalil’s deportation after alleging his presence and activities could have “potentially serious adverse foreign policy consequences for the United States.” Khalil’s attorneys have challenged those accusations in federal court, saying he is being targeted over his pro-Palestine activism.

Khalil’s lawyers told CNN they do not expect the federal government to provide additional evidence to fulfill the judge’s request.

This is a developing story and will be updated.

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