Education
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.
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.
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.
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.
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.
Education
Opinion | 13 George Washington Interpreters on Embodying an Icon
In our national memory, George Washington is a mythic figure, cast in metal, carved in stone. His leadership, first as general, then as president, is so intertwined with the roots of this country that it is sometimes hard to separate the man from the idea of America. How does one imagine the living presence of such an icon, much less embody him?
There is a small fraternity of men bold enough to try. At historical parks and commemorations from Virginia to Seattle, these interpreters (their preferred term) transform themselves into Washington. Each has his own approach, but what all their representations seek to capture is a legacy that has endured from his time to ours. If America, at least in part, is an idea, then our national project becomes, like theirs, an act of interpretation, an imperfect attempt to translate some idealized vision into the messy reality of our own time.
— Ezekiel Kweku
“By some strange quirk
of genetics, I have
Washington’s exact
dimensions. Where my
sleeves fall on my wrist,
the size of my chest, the
size of my thighs, where
the breeches fall to my
knees, are all identical.”
John Koopman, 67, often performs
while riding his horse, Bear. He
has portrayed Washington for 20 years.
James Fryer, 70, wears a replica of a general’s uniform that Washington designed himself. He recently completed training to portray Washington for the nonprofit Historic Philadelphia.
“Some people portray George as a marble statue. I don’t do a marble George. I am interested in talking to everyone, even those who yell at me because George was a slave owner. I want to respect them, try to educate them, or maybe even inspire them.”
Vern Frykholm, 77, was moved to bring his interpretation of Washington to Washington State, where he lives, after seeing a 2011 performance in Pennsylvania.
Dean Malissa, 73, signs his personal
correspondence, including emails,
as Washington did: “Your Most Humble
and Obedient Servant.” He became
the Official George Washington
at Mount Vernon in 2004, and held
that role for nearly 20 years.
“I describe him sometimes as just a dude. I look at him and think, I could see myself in the same world, making similar bad decisions or similar good decisions.”
Daniel Cross, 39, portrayed a young Washington at Virginia’s Colonial Williamsburg until last year. He now works with organizations around the country.
Curt Radabaugh, 62, has 13,000 history books in his personal library, including several hundred about Washington. He is a veteran of the U.S. Marines and a retired police officer.
“He’s a mentor, a father
figure, and not only in the
sense that he’s a patriarch
of the country. Because
I grew up without a
father, he kind of became
my surrogate father.”
Brian Hilton, 58, says he researches
Washington’s era every morning before
his children get up and at night after
they go to bed. He is a high school history
teacher near Richmond, Va.
Daniel Shippey, 57, partners on interpretations with his wife, Kelly, who portrays Martha Washington. Kelly researched 18th-century hair techniques to create her husband’s costume hairstyle. They live in Virginia.
“You’re playing the myth of George Washington as well as the historical figure. I make his voice a little firmer and deeper than it probably was in real life. I play him a little funnier than he probably was. In reality, if you came to see him, he probably wouldn’t talk to you as much as I do.”
Doug Thomas, 53, is Washington’s second cousin nine times removed.
John Godzieba, 67, has reenacted
the crossing of the Delaware as
Washington every Christmas for the
past 16 years at Pennsylvania’s
Washington Crossing Historic Park.
“In many ways I don’t look like him. My eye color is wrong. My nose is wrong. My hair color is wrong. I wouldn’t have cast myself in this role.”
Ron Carnegie, 64, has portrayed Washington at Colonial Williamsburg for 20 years.
Ryan Williams, 37, is a veteran who specializes in playing a young Washington during the French and Indian War. He lives in Virginia.
“Some people portray
Washington almost
like a superhero.
I like to bring out that
he has faults. He’s a
person like you or me.”
Michael Grillo, 64, is a historical
tailor who hand-sews his own clothes
for reenactments. He also makes
period props, including two American
battle flags and pewter mugs
engraved with Washington’s crest.
Martin Schoeller is a photographer and director known for his close-up portraits of everyone from world leaders and celebrities to female bodybuilders. For this project, he used a large format camera to photograph 13 historical interpreters of George Washington — many of whom arrived in full uniform — over three days in Virginia and New York City.
Additional reporting by Tenzin D. Tsagong. Interviews have been edited and condensed for length and clarity. Top quotes from Brian Hilton, Daniel Shippey and Daniel Cross.
Produced by Sara Barrett, Danny DeBelius and Sam Whitney. Additional production by Olivia James.
Education
This Little Robot Cleans Windows
One task the robots can take from us? Cleaning. Especially hard-to-access windows. So when writers Caroline Mullen and Evan Dent found this little guy — whose government name is “EcoVacs Winbot Mini” — they were intrigued. Could he clean the uncleanable? Caroline and Evan put their robot friend to the test at both the Wirecutter office and a high-rise apartment. Is a robo-window cleaner more effective than scrubbing yourself?
Education
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