The legal battles are mounting for Trump and his admin. But he might have a silver bullet.
Because the U.S. Supreme Court has a last-minute lifeline for Trump he desperately needed.
Top Lawyer And Law Professor Alleges 2003 Supreme Court Ruling Could Bail Out Trump Admin
On Wednesday, George Washington University law professor Jonathan Turley offered his perspective on the arrest of Mahmoud Khalil, a former Columbia University graduate student now facing legal challenges due to his ties to the radical Islamic terrorist group Hamas. Khalil’s detention by United States Immigration and Customs Enforcement (ICE) came after his green card was revoked, a consequence of his participation in pro-Hamas protests on Columbia’s campus. Speaking on Fox News’ America’s Newsroom, Turley described Khalil as being “in a precarious spot” and urged his legal team to act swiftly.
Khalil was taken into custody on Monday, prompting immediate questions about the rights of lawful permanent residents (LPRs) in the United States. Turley pointed out the complexities of Khalil’s situation, noting that while LPRs enjoy significant constitutional protections, these fall short of those granted to full citizens. “The question is what the standard is here because LPRs, or lawful permanent residents, do have a robust level of constitutional protections, not as much as a citizen,” Turley explained to co-hosts Bill Hemmer and Dana Perino. He referenced a 2003 Supreme Court ruling in the Demore case, which affirmed the government’s authority to detain LPRs under certain conditions. “That is on the books and they have a lot of support for that,” he added.
The evidence against Khalil remains under scrutiny, with Turley noting that some materials linked to him reportedly originated from the Hamas press office. “We’re not sure of the relationship of this material to this individual. Some of the material even said it came from the Hamas press office, now that’s a terrorist organization,” Turley said. “So that’s the type of evidence we’re looking to see what the nexus is to this individual.” He went on to explain that Khalil’s involvement in illegal activities—such as trespassing and property damage during the protests—further complicates his case. Under Section 1227 of the Immigration and Nationality Act, the secretary of state holds the power to revoke residency status, a decision courts often uphold. “The courts tend to defer to that, so they’re going to need to really ramp up fast to show evidence to the contrary,” Turley emphasized.
Khalil’s arrest follows a wave of demonstrations at universities across the country, sparked by Hamas’ October 7, 2023, attack on Israel that left over 1,200 people dead. At Columbia and other campuses, anti-Israel protesters have occupied buildings, chanted slogans interpreted as calls to eliminate Israel, and restricted Jewish students’ access to certain areas. While a federal judge, Jesse Furman of the Southern District of New York, issued an injunction on Tuesday to temporarily halt Khalil’s deportation, Turley suggested the Trump administration remains confident in its position. “This case was chosen for a reason. I think they feel this is a good case for them to fight this issue initially,” he said.
The controversy surrounding Columbia University deepened last week when four federal agencies canceled over $400 million in grants to the institution. The move came after Columbia failed to address allegations of civil rights violations during recent protests, as reported by the Joint Task Force to Combat Anti-Semitism. On Tuesday, the Department of Education issued a warning to other universities, signaling potential repercussions for failing to shield Jewish students from harassment.
Turley acknowledged the delicate balance between free speech and public safety in cases like Khalil’s. “There is a concern and I believe it’s a legitimate one in the free speech community when you say we’re gonna be rounding up lots of folks engaging in protest,” he said. However, he drew a clear line between protected expression and illegal actions. “They’re allowed to protest, allowed to use free speech. What they aren’t allowed to do is to support terrorist organizations, to spread terrorist information, to threaten Jewish students and certainly not occupy buildings and destroy property.”
As the legal proceedings unfold, Turley stressed the need for clarity in determining accountability. “So each of these cases has to make that level of determination,” he said. “So we’re gonna have to work all of this out. There is a balance here to be struck. But it is important for the Trump administration to show that they are striking that balance.” With Khalil’s fate hanging in the balance, his case may set a precedent for how the government addresses protest-related misconduct tied to extremist groups.
Federal Judge Grants Privileged Calls for Detained Student as Deportation Battle Unfolds
In a Manhattan courtroom this week, Judge Jesse Furman made a significant decision regarding Mahmoud Khalil, a student arrested by federal immigration authorities. Furman announced he would grant a request from Khalil’s legal team, allowing them to hold privileged phone calls with their client on at least two occasions—today and tomorrow. The ruling comes amid a tense legal fight over Khalil’s detention and potential deportation, sparking debates about immigration policy, student rights, and national security.
Khalil’s ordeal began Saturday night when federal agents apprehended him at his university-owned apartment. During a court hearing on Wednesday, his lawyers detailed his journey through the immigration system, explaining that he was initially taken to a detention center in New Jersey before being transferred by plane to another facility in Jena, Louisiana. Since his arrest, Khalil’s attorneys have faced significant hurdles in communicating with him. They told the court that the Louisiana detention center has barred privileged calls until March 20, leaving them unable to discuss his case privately with him until now.
Earlier this week, Judge Furman intervened to pause Khalil’s removal from the United States. On Monday, he issued a temporary order preventing the government from deporting the student before Wednesday’s hearing. While Furman addressed the communication issue in his latest ruling, he has yet to decide on a separate request from Khalil’s lawyers to transfer him closer to his home in New York. For now, Khalil remains in custody in Louisiana, far from his university and legal team.
Amy Greer, one of Khalil’s attorneys, shed light on the circumstances leading to his arrest. She explained that officials acted on a State Department directive to revoke Khalil’s student visa and green card. According to Greer, this move triggered his swift detention and relocation to the facility in Jena. Khalil will not attend the New York hearing in person, his legal team confirmed, adding another layer of complexity to their efforts to defend him.
The case has drawn attention from the highest levels of government, with President Trump weighing in on Monday. Speaking about Khalil’s arrest, Trump declared it the first “of many to come” as part of his administration’s intensified efforts to target students and alleged “agitators” involved in protests against Israel’s war with Hamas. The White House has framed Khalil’s detention as a necessary step in a broader crackdown.
White House spokesperson Karoline Leavitt elaborated on this stance during a Tuesday briefing. “Khalil was given the privilege of coming to this country to study at one of our nation’s finest universities and colleges – and he took advantage of that opportunity, of that privilege by siding with terrorists,” she said. Leavitt claimed that Khalil had distributed “pro-Hamas” flyers on Columbia University’s campus, an accusation that has fueled the government’s case against him. “We have a zero-tolerance policy of siding with terrorists, period,” she added.
Secretary of State Marco Rubio also addressed the controversy on Tuesday, dismissing suggestions that Khalil’s arrest infringes on free expression. “This is not about free speech,” Rubio said. “This is about people that don’t have a right to be in the United States to begin with.” He emphasized the discretionary nature of immigration privileges, stating, “No one has a right to a student visa. No one has a right to a green card, by the way. So when you apply for a student visa or any visa to enter the United States, we have a right to deny you for virtually any reason, but I think being a supporter of Hamas and coming into our universities and turning them upside down, and being complicit in what are clearly crimes of vandalization, complicit in shutting down learning institutions.”
Following Khalil’s arrest, Rubio took to social media, vowing that “we will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” The Department of Homeland Security tied Khalil’s arrest to President Trump’s executive orders aimed at combating antisemitism. In a statement, the agency described the action as a direct implementation of those policies, signaling a firm stance against perceived threats on American soil.
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