Anti-Israeli activist Mahmoud Khalil trashed the Trump administration's case against him in a Washington Post column this week. (Selcuk Acar/Anadolu via Getty Images REUTERS/Shannon Stapleton)
The DOJ attorneys cited an ICE official's affidavit, which revealed that the ICE facility in Elizabeth had 355 detainees, meaning it was over capacity by 51 people.
"ICE retains discretion to detain Khalil where it so chooses," the attorneys wrote. "Additionally, factual considerations counsel against transferring Khalil to Elizabeth. Simply, the facility is over capacity."
Secretary of State Marco Rubio composed a Wall Street Journal op-ed laying out the department's focus on America's relationships with western hemisphere nations. (AP Photo/Evan Vucci)
Farbiarz agreed with Khalil and his supporters that Rubio's justification for revoking Khalil's green card was likely unconstitutional. But the judge noted that the Trump administration also cited a second reason for Khalil's removal that has not been adjudicated: that Khalil filed an incomplete green card application.
The Trump administration alleged that in addition to Khalil's advocacy amounting to foreign policy defiance and antisemitism, Khalil's allegedly fraudulent application was grounds for his removal.
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Khalil, who was born in Syria but has Algerian citizenship, left off the government application form that he was a member of the Columbia University Apartheid Divest, and he failed to disclose other places he worked, including the United Nations Relief and Works Agency for Palestine Refugees in 2023, according to the DHS.
The DHS alleged that Khalil "procured his legal status through ‘fraud or by willfully misrepresenting a material fact,’" in violation of immigration laws.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/doj-seeks-keep-anti-israel-activist-mahmoud-khalil-detained-louisiana-immigration-jail