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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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Opinion | The Jewish Students Caught Up in Trump’s Antisemitism Crackdown

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Opinion | The Jewish Students Caught Up in Trump’s Antisemitism Crackdown

Given these figures, it’s not surprising that Jews have taken a leading role in the protests against Israel’s assault on Gaza. Eleven days after Oct. 7, 2023, progressive and anti-Zionist Jewish groups, including Jewish Voice for Peace, gathered roughly 400 protesters, many wearing shirts that said “Not in Our Name,” and occupied a congressional building. Later that month, Jewish Voice for Peace and its allies led a takeover of New York’s Grand Central Terminal. At Brown University, the first sit-in demanding divestment from companies affiliated with Israel comprised solely Jewish students.

Jewish students are not generally as vulnerable as their Palestinian, Arab, Muslim, Black and noncitizen counterparts, but it is precisely this assumption of greater safety that may have made them more willing to protest in the first place. And many have paid a price. It’s impossible to know what percentage of the students punished for pro-Palestinian activism have been Jewish, since university disciplinary proceedings are often secret. But anecdotal evidence suggests it is significant. And regardless of one’s views about how universities should treat campus activism, there is something bizarre about repressing it in the name of Jewish safety when a number of the students being repressed are Jews.

Since Oct. 7, at least four universities have temporarily suspended or placed on probation their chapters of Jewish Voice for Peace. In 2023 at BrownU Jews for Ceasefire Now protests, 20 members were arrested. (The charges were dropped.) At a pro-Israel event at Rockland Community College at the State University of New York on Oct. 12, 2023, a Jewish student who briefly shouted “From the river to the sea, Palestine will be free” and “Jews for Palestine” was reportedly suspended for the rest of the academic year. In May 2024, a Jewish tenured professor in anthropology at Muhlenberg College said she was fired after she reposted an Instagram post that declared, in part: “Do not cower to Zionists. Shame them. Do not welcome them in your spaces. Do not make them feel comfortable.” In September, Michigan’s attorney general brought felony charges for resisting or obstructing a police officer, as well as misdemeanor trespassing charges, against three Jewish activists — as well as four others — for offenses related to a Gaza solidarity encampment at the University of Michigan in Ann Arbor. (They all pleaded not guilty).

Even when protest has taken the form of Jewish religious observance, it often has been shut down. Last fall, when Jewish students opposing the war during the holiday of Sukkot built Gaza solidarity sukkahs, temporary boothlike structures in which Jews eat, learn and sleep during the holiday, at least eight universities forcibly dismantled them, or required the students to do so, or canceled approval for their construction. (The universities said that the groups were not allowed to erect structures on campus.)

Despite this, establishment Jewish pro-Israel organizations have applauded universities that have cracked down on pro-Palestinian protest. When Columbia suspended its branch of Jewish Voice for Peace alongside Students for Justice in Palestine, the A.D.L. congratulated the university for fulfilling its “legal & moral obligations to protect Jewish students.” After New Hampshire police broke up Dartmouth’s Gaza solidarity encampment, the A.D.L. thanked the college’s president for “protecting all students’ right to learn in a safe environment.” But the experience was hardly safe for Annelise Orleck, the former chair of the school’s Jewish studies program, who said she was zip-tied, body-slammed and forcibly dragged by police officers when they moved in. After the state attorney general announced that she would bring charges against demonstrators at the University of Michigan’s encampment who had allegedly violated the law, an official at the Jewish Federation of Greater Ann Arbor praised her for acting “courageously.” The A.D.L. has since reversed its prior support for the Trump administration’s detention of pro-Palestinian activists. But it still wants universities to impose tough restrictions on campus protest. When I reached out to the organization asking if it had a position on Jewish students getting swept up in campus crackdowns, representatives referred me to Mr. Greenblatt’s recent opinion essays. Each one reiterated the need to fight against what it deems campus antisemitism, but also advocated due process for all those involved.

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Trump Administration Opens Civil Rights Inquiry Into a Long Island Mascot Fight

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Trump Administration Opens Civil Rights Inquiry Into a Long Island Mascot Fight

Federal education officials said on Friday that they had opened a civil rights inquiry into whether New York State could withhold state money from a Long Island school district that has refused to follow a state requirement and drop its Native American mascot.

The announcement came shortly after President Trump expressed his support for the district, in Massapequa, N.Y., in its fight against complying with a state Board of Regents requirement that all districts abandon mascots that appropriate Native American culture or risk losing state funding.

The Massapequa district, whose “Chiefs” logo depicts an illustrated side profile of a Native American man in a feathered headdress, is one of several that have resisted making a change.

The name of the town, a middle-class swath of the South Shore where most residents voted for Mr. Trump in the November election, was derived from the Native American word “Marspeag” or “Mashpeag,” which means “great water land.”

In announcing the investigation, Linda McMahon, the education secretary, said that her department would “not stand by as the state of New York attempts to rewrite history and deny the town of Massapequa the right to celebrate its heritage in its schools.”

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JP O’Hare, a spokesman for the state Education Department, said in a statement that state education officials had not been contacted by the federal government about the matter.

“However,” he added, “the U.S. Department of Education’s attempt to interfere with a state law concerning school district mascots is inconsistent with Secretary McMahon’s March 20, 2025, statement that she is ‘sending education back to the states, where it so rightly belongs.’”

The policy, introduced in 2022, was adopted amid a national push to change Native American mascot names or iconography through legislation and other moves.

When the ban was adopted, about five dozen New York school districts still used Native American-inspired mascots and logos. Districts were given until the end of June this year to eliminate banned mascots.

Since taking office for his second term, Mr. Trump and his administration have waged a relentless campaign against what they argue are illegal diversity, equity and inclusion initiatives and have threatened entities that do not fall in line and eliminate such efforts.

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The president has said he would slash funding for low-income students in states that fail to do away with such programs. New York’s Education Department was the first to publicly refuse to comply with the order.

Massapequa school leaders filed a federal lawsuit seeking to keep the “Chiefs” name, but the judge in the case recently moved closer to dismissing it after finding they had failed to provide sufficient evidence for their claims, including that the mascot qualified as protected speech.

In a social media post this week, Mr. Trump criticized New York’s policy and called for Ms. McMahon to intervene.

“Forcing them to change the name, after all of these years, is ridiculous and, in actuality, an affront to our great Indian population,” the president wrote.

In a statement included in the federal Education Department’s announcement, Kerry Watcher, the Massapequa Board of Education president, welcomed the investigation.

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“Attempts to erase Native American imagery do not advance learning,” Ms. Watcher said. “They distract from our core mission of providing a high-quality education grounded in respect, history and community values.”

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19 States Sue the Trump Administration Over Its D.E.I. Demand in Schools

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19 States Sue the Trump Administration Over Its D.E.I. Demand in Schools

A coalition of 19 states sued the Trump administration on Friday over its threat to withhold federal funding from states and districts with certain diversity programs in their public schools.

The lawsuit was filed in federal court by the attorneys general in California, New York, Illinois, Minnesota and other Democratic-leaning states, who argue that the Trump administration’s demand is illegal.

The lawsuit centers on an April 3 memo the Trump administration sent to states, requiring them to certify that they do not use certain diversity, equity and inclusion programs that the administration has said are illegal.

States that did not certify risked losing federal funding for low-income students.

Rob Bonta, the California attorney general, said at a news conference on Friday that the Trump administration had distorted federal civil rights law to force states to abandon legal diversity programs.

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“California hasn’t and won’t capitulate. Our sister states won’t capitulate,” Mr. Bonta said, adding that the Trump administration’s D.E.I. order was vague and impractical to enforce, and that D.E.I. programs are “entirely legal” under civil rights law.

The Trump administration did not immediately respond to a request for comment on Friday evening.

The administration has argued that certain diversity programs in schools violate federal civil rights law, which prohibits discrimination on the basis of race, color and national origin in programs that receive federal funding.

It has based its argument on the Supreme Court’s 2023 ruling ending the use of race in college admissions, arguing that the decision applies to the use of race in education more broadly.

The administration has not offered a specific list of D.E.I. initiatives it deems illegal. But it has suggested that efforts to provide targeted academic support or counseling to specific groups of students amount to illegal segregation. And it has argued that lessons on concepts such as white privilege or structural racism, which posits that racism is embedded in social institutions, are discriminatory.

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The lawsuit came a day after the Trump administration was ordered to pause any enforcement of its April 3 memo, in separate federal lawsuits brought by teachers’ unions and the N.A.A.C.P., among others.

Mr. Bonta said that the lawsuit by the 19 states brought forward separate claims and represented the “strong and unique interest” of states to ensure that billions of federal dollars appropriated by Congress reach students.

“We have different claims that we think are very strong claims,” he said.

Loss of federal funding would be catastrophic for students, said Letitia James, the attorney general of New York, an adversary of President Trump who previously won a civil fraud case against him.

She noted that school districts in Buffalo and Rochester rely on federal funds for nearly 20 percent of their revenue and said she was suing to “uphold our nation’s civil rights laws and protect our schools and the students who rely on them.”

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