No Charges, No Crime, No Warrant
On March 8, 2025, plainclothes ICE agents took Mahmoud Khalil from his Columbia University apartment building in Morningside Heights. They did not have a warrant. He had not been accused, charged, or convicted of any crime. He was detained and transported to LaSalle Detention Center in Jena, Louisiana, 1,300 miles from his home, his university, and his lawyer.
Khalil is a lawful permanent resident of the United States. He was the lead negotiator of the Gaza Solidarity Encampment at Columbia during the 2024 protests. The State Department revoked his student visa, and ICE acted on that revocation.
He was held for 104 days before being released on bail.
A Judge Said It Was Likely Unconstitutional
Federal judge Michael Farbiarz stayed Khalil’s deportation and found that the provision of immigration law used to detain him was likely unconstitutional. The First Amendment does not distinguish between citizens and non-citizens. The Supreme Court has ruled that free speech protections apply to immigrants.
The government appealed. In January 2026, the Third Circuit ruled 2-1 that Khalil had to exhaust the immigration court system before he could challenge his detention in federal court. In April 2026, the Board of Immigration Appeals issued a final removal order. DHS says he will be re-detained and deported to Algeria.
Before His Arrest
Before ICE came to his apartment, Khalil had been targeted by an online doxing campaign. A far-right group posted publicly that it had given his information to “multiple contacts” and that ICE was “aware of his home address and whereabouts.”
The administration argued that non-citizens have limits on their free speech rights. This position, if upheld, would mean that any immigrant who participates in a protest can be detained and deported for the protest itself, regardless of whether any law was broken.
What It Means
Khalil’s case is a test. If the government can deport a lawful permanent resident for organizing a peaceful protest at a university, then the First Amendment has a carve-out for immigrants. The 3.8 million immigrants waiting for their court cases would know that exercising their rights could cost them their case.
Read more on the Immigration hub and the ICE identification brief.