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What’s Next for Mahmoud Khalil? A Fight to Keep His Case in New York.

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What’s Next for Mahmoud Khalil? A Fight to Keep His Case in New York.

The first legal battle for Mahmoud Khalil, the recent Columbia University graduate who was arrested and moved to Louisiana last week, is the fight to keep his case in New York.

The issue may seem minor compared with the First Amendment concerns raised by the arrest of Mr. Khalil, a legal permanent resident who was a prominent figure in pro-Palestinian demonstrations on the Columbia campus and whom the Trump administration is seeking to deport.

But where Mr. Khalil’s case is heard could have profound consequences, not just for him but for anyone else the White House targets for removal from the United States. If Mr. Khalil remains in Louisiana, his case is likely to end up in one of the nation’s most conservative appeals courts, which could determine whether the law the government has cited as the rationale for his detention is allowed to stand.

The White House has accused Mr. Khalil of siding with Hamas terrorists during the Columbia protests and spreading antisemitism. That accusation, which Mr. Khalil’s lawyers deny, is not criminal, and in fact, Mr. Khalil has not been charged with any crime.

Instead, Marco Rubio, the secretary of state, has cited a little-used law to justify the detention. The measure says Mr. Rubio can initiate deportation proceedings against any noncitizen whose presence in the United States he deems a threat to the country’s foreign policy aims.

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That law, which would seem to grant the Trump administration almost unchecked power in deporting noncitizens, appears not to have been reviewed by an appeals court, which could determine whether it is constitutional. And if Mr. Khalil’s immigration case plays out in Louisiana, it will most likely be appealed to the U.S. Court of Appeals for the Fifth Circuit, which presides over federal court cases that come from Louisiana, Texas and Mississippi.

It is one of the country’s most conservative appeals courts. Most of its judges were nominated by Republican presidents, including six by President Trump during his first term.

“The Fifth Circuit is the court I’d least want to be in if I were Khalil,” said Steve Vladeck, a professor at Georgetown University’s law school who studies constitutional issues and has written about Mr. Khalil’s case. He added, “It is a court where immigrants in general have a historically poor track record, and it’s a court in which judges are going to be most sympathetic to the government’s ability to point at someone and say, ‘You supported Hamas.’”

If judges in that court were to decide against Mr. Khalil, he could appeal to the Supreme Court. But there is no guarantee that the justices in Washington would take his case, and even if they did and found in his favor, the government is likely to continue to revoke green cards in the interim, citing the same statute that informs Mr. Khalil’s case. Other detainees might have little legal basis to fight the government’s accusations.

On the other hand, if Mr. Khalil’s immigration case was to play out in New York — where his lawyers first called for his release — any appeal would arrive at the U.S. Court of Appeals for the Second Circuit. That court includes more judges appointed by Democratic presidents and is widely considered a less partisan venue. And in the meantime, Mr. Khalil, if he was released, would have access to his family. His wife, Noor Abdalla, is expecting a baby next month.

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On Monday, Mr. Khalil’s lawyers also sought to stop the Trump administration from detaining and deporting others under the same justification. They asked the New York judge overseeing his case, Jesse Furman, to prohibit the government from enforcing what they called a policy of arresting, detaining and deporting noncitizens who expressed support for Palestinian rights or criticized Israel.

A spokeswoman for the Department of Homeland Security did not immediately respond to a request to comment on that characterization or on the lawyers’ move.

Mr. Khalil’s lawyers have sought his release and return to New York from almost the moment he was arrested, on the evening of March 8. The timing of his arrest and transfer to Louisiana is key to understanding their case.

Video of the arrest filmed by Ms. Abdalla and released by the American Civil Liberties Union shows that agents from the Department of Homeland Security handcuffed Mr. Khalil in the lobby of his apartment building, which is owned by Columbia. After his wife, holding back tears, repeatedly asked where Mr. Khalil was being taken, the agents responded “26 Federal Plaza,” the address of New York’s downtown immigration court. Amy Greer, one of Mr. Khalil’s lawyers, was told the same thing.

Ms. Greer worked through the night on a legal filing known as a habeas petition, a vehicle for challenging unlawful detentions. Occasionally, she checked an online locator to make sure of Mr. Khalil’s location. At 1:35 a.m. on March 9 and again at 4:29 a.m., the locator said that Mr. Khalil was in New York.

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She filed her petition at 4:40 a.m. in a New York federal court, where it was assigned to Judge Furman. But the government has since said that Mr. Khalil arrived in New Jersey more than an hour before that. He was taken there, they say, because the New York facility does not have beds or overnight medical staff, and Immigration and Customs Enforcement policy dictates that no detainee should be held in such a facility for longer than 12 hours.

Around noon on March 9, Mr. Khalil was brought back into New York, to Kennedy International Airport. He was then flown to Dallas and then to Louisiana, where he has been held since.

The following day, Judge Furman ordered the government not to remove Mr. Khalil from the country. There is no indication that the government has ignored the judge as it may have in other recent deportation cases. Mr. Khalil’s first hearing in immigration court is scheduled for March 27.

The arguments in front of Judge Furman have piled up, with Mr. Khalil’s lawyers imploring the judge to return their client to New York and the government insisting that the proper venue for his case is the district in which he is being held.

The law that dictates where a case is heard is complex. The government has argued that, particularly since Mr. Khalil’s lawyers did not file their petition in the appropriate court, any detention case should be heard in Louisiana.

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Mr. Khalil’s lawyers have argued that the government frustrated Ms. Greer’s efforts to file her petition in the right place. Accordingly, they argue, the law says that his case should be heard in New York.

Judge Furman could rule as early as Monday. He has insisted that he has no view on the issues at play in the case — which include core concerns about First Amendment rights amid Mr. Trump’s immigration crackdown and vow to fight antisemitism — but has acknowledged their importance.

If Judge Furman decides the case should not be heard in New York, Mr. Khalil’s lawyers have asked for the opportunity to transfer it to New Jersey. If the case were to play out there, any appeal would be heard in yet another appeals court — the U.S. Court of Appeals for the Third Circuit — and Mr. Khalil would be closer to his family.

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Video: Tasting Six Mystery Chips

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Video: Tasting Six Mystery Chips

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Which of these uniquely-flavored potato chips would be your favorite? Watch Wirecutter’s full potato chip taste test with special guest and cookbook author Maxine Sharf on YouTube.
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Video: Turning Point USA Clubs Expand to High Schools Across America

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Video: Turning Point USA Clubs Expand to High Schools Across America

“I would just like to say, ‘Welcome to Germany, 1939.’” “We have been labeled as homophobes, bigots, racists and fascists.” “For years, my conservative peers and I have peacefully coexisted with feminist clubs and L.G.B.T.Q. clubs.” This is Onondaga County in Central New York, where a brand of high school clubs founded by Charlie Kirk and financed by his conservative juggernaut Turning Point USA, has led to this. “These accusations are not only untrue, but they undermine the very principles of open dialogue and respectful debate that we promote.” “It really is as bad as you think, just from a student perspective.” “If there’s going to be a Club America, by God, there needs to be a Club Progressive.” Before his assassination, Charlie Kirk made it clear he wanted a TPUSA chapter in every high school. “He told the team, let’s do 25,000 high school chapters. Club America has exploded in popularity in the months since Kirk was killed, with at least 3,300 chapters in high schools across the U.S., according to Turning Point USA. “I’m excited to announce today that every Oklahoma high school will have a Turning Point USA chapter.” States are also endorsing the club. “I’d love to see a chapter in every single high school in the state.” At least eight Republican governors have partnered with Turning Point, vowing to bring Club America to all of their public high schools. But here in New York, where Democrats govern and a statewide embrace of TPUSA’s conservative Christian ideology is unlikely, students like Jacob Kennedy are still trying to launch Club America, even if that means an uphill battle. “I have grown up in a Christian home, which follows mostly the values of conservative beliefs. It’s my first year at a public school. I did not feel accepted to share my conservative beliefs and my religion.” For most of his life, Jacob lived overseas where his parents were missionaries. “And starting this Club America, I am quickly finding other people that have the same values as me.” Jacob really didn’t even know who Charlie Kirk was until he was killed. Since then, he’s connected with Kirk’s message on religion as much as politics. “There was no question at the time of the founding that God played a central role in all of our government.” “Whether it is immigration laws or abortion, I put my religion first and then my political worldviews.” But Jacob’s push to secure approval from the district to establish Club America at his high school has stoked a sense of anxiety in community members who see Charlie Kirk’s rhetoric as racist and homophobic. “This was Charlie Kirk’s organization — that tells you a lot about this club. It’s not for everybody. It’s divisive.” “No matter who it is — Charlie Kirk or Charlie Brown — this is still the United States, and we do have freedom of speech.” Federal law requires equal access to all sorts of clubs, from Jesus and Me to the Afterschool Satan Club. As long as they are student-initiated and aren’t disruptive, anything goes. “So what is Club America? What do we do? We promote the values of free speech, patriotism and small government.” Turning Point USA declined multiple requests from The New York Times to participate in this story, and even told students in Club America chapters not to speak with us. But we did manage to film a public information session addressing the backlash the group has received. “Let’s talk. If we don’t talk, we’ll never get to get outside of our echo chambers. And Charlie Kirk always said, when we stop talking, that’s when violence happens.” “Are you advocating for your student groups to have open discussion? I don’t see that as the actual implementation level, what’s happening.” “Debate is absolutely encouraged in your Club America meetings where you’ve set ground rules for your debates.” “How do you plan on ensuring that kids from the L.G.B.T.Q.+ communities feel more included and feel safe?” “‘There are students of all different backgrounds, all socioeconomic statuses and of all persuasions involved in Club America. And if those students don’t attend, that’s on them. But you’re welcome to be there.” Charlie Kirk’s influence is everywhere from President Trump’s State of the Union address — “My great friend Charlie Kirk, a great guy.” — To his five-story portrait draped outside the Department of Education in D.C. It’s with this singular influence and power in the world of conservative media, politics and faith that Turning Point USA is hoping to get high schoolers registered to vote before this November. Jacob’s goal is much simpler. He just wants to get students together to hash out their differences. But until his club’s approved, he’ll have to engage with them one-on-one. “Whether you support L.G.B.T. rights, whether you are a a son or daughter of an illegal immigrant, whether you are pro-choice, you have the free will to join the club and be a part of it.”

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After F.B.I. Raid, Los Angeles School Board Discusses Superintendent

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Board members are having an emergency meeting a day after agents raided the home and office of Alberto Carvalho, the Los Angeles Unified School District superintendent. The F.B.I. also searched the Florida home of a consultant with ties to the schools chief.

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