Marco Rubio Personally Approved Mahmoud Khalil’s Arrest on “Foreign Policy Grounds”

Washington (Quds News Network) – U.S. Secretary of State Marco Rubio personally signed off on the arrest of Mahmoud Khalil, a pro-Palestine activist and Columbia University graduate, according to Zeteo, citing two sources from the Department of Homeland Security and the State Department.

On Saturday, Khalil, who is a permanent resident of the US, was detained by the ICE agents when he arrived at his home at a student resident facility with his pregnant wife over his activism as he played a key role in pro-Palestine and anti-genocide demonstrations on campus. He acted as a negotiator with university officials during protests for Palestine in the spring of 2024.

The Immigration and Nationality Act (INA) gives the Secretary of State the authority to deport foreign nationals whose actions or presence in the U.S. could have serious consequences for U.S. foreign policy. The relevant provision, section 237(a)(4)(C)(i), grants the Secretary of State the power to deport non-citizens if they pose a potential foreign policy threat, based on reasonable grounds. This provision, part of the INA enacted in 1952, was originally used to target suspected Soviet agents among Eastern European Jewish Holocaust survivors, as noted by the Jewish publication The Forward.

According to a State Department source, the government is not only targeting Khalil but several other targets, raising questions about whether Rubio will continue to personally sign off on each case.

The State Department has not disclosed the specific evidence behind the decision to arrest Khalil, a green card holder. The INA provision allows for deportation if the Secretary of State determines the person’s presence compromises U.S. foreign policy interests, but it also protects individuals from being targeted based on lawful beliefs, statements, or associations.

The provision is rarely used. Charles Kuck, an immigration attorney and adjunct professor of law at Emory University and the University of Georgia, emphasizes its powerful nature. “Of course, there’s never been a secretary of state as manipulatable as our current Secretary Rubio. Most of them would stand their ground and would follow due process considerations,” he told Zeteo.

A White House official explained that Khalil is not being accused of breaking the law but rather of posing a threat to U.S. foreign policy by allegedly supporting Hamas and promoting anti-Semitism. Khalil has denied these allegations.

The use of this provision to target someone’s speech is unprecedented, and experts are uncertain about the evidence Rubio might need to justify overriding First Amendment protections. U.S. courts have historically affirmed that lawful permanent residents enjoy similar First Amendment rights to U.S. citizens.

It seems unlikely that an immigration court would oppose Rubio in Khalil’s case, according to Kuck, but there may be grounds to challenge the constitutionality of the provision in federal court.

The State Department confirmed that non-citizens could be deported under the INA provision if their activities are deemed to harm U.S. foreign policy. DHS spokesperson Tricia McLaughlin said Khalil was detained in support of President Trump’s executive orders against anti-Semitism and claimed that Khalil was involved with Hamas, though no evidence was provided.

Rubio posted about Khalil’s arrest, writing on X on Sunday: “We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”

A federal judge temporarily blocked Khalil’s deportation, scheduling a hearing on the petition challenging his detention. Khalil has also requested to be transferred from his detention in Louisiana to New York.

Khalil’s detention has sparked protests and condemnation from members of Congress, faculty at Columbia and Barnard, and various civil rights groups, who view it as a violation of free speech. A protest is taking place in front of the federal courthouse in lower Manhattan.