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Federal Judge Backs Visa Cancellation for Columbia Pro-Hamas Protest Leader, But Allows Court Challenge

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(TJV NEWS) In a high-profile immigration case drawing national attention, a federal judge has ruled that U.S. Secretary of State Marco Rubio has the legal authority to revoke the visa of Mahmoud Khalil, a foreign national who led pro-Hamas protests at Columbia University in New York.

The ruling was delivered in a packed courtroom on Friday afternoon, with the judge affirming the government’s power under existing immigration law to cancel visas on national security grounds.

Despite upholding the visa revocation, the judge also ruled that Khalil must be granted the opportunity to contest his removal through the U.S. legal system. The court’s decision allows Khalil to remain in the United States temporarily while his challenge proceeds, setting the stage for a potentially landmark legal battle over immigration law, freedom of speech, and national security policy.

Khalil, whose protests were in opposition to Israel’s military counter-offensive in Gaza following the October 2023 terrorist attack by Hamas—which resulted in the murder of roughly 1,000 Israeli civilians—has become a symbol for broader political and legal debates over the limits of protest and immigration enforcement.

Pro-migration and Democrat-aligned advocacy groups have rallied in support of Khalil, arguing that his deportation would violate his rights to free expression and peaceful protest. These groups contend that the government’s actions are politically motivated and could set a dangerous precedent for silencing dissent.

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However, federal officials argue that Khalil’s actions go beyond protected speech and directly conflict with U.S. foreign policy. Lawyers representing the State Department stated in court filings that “The public actions and continued presence of Mahmoud Khalil in the United States undermine U.S. policy to combat anti-Semitism around the world.” They asserted that his participation in the demonstrations—perceived by some as promoting extremist ideology—warrants his exclusion from the country.

Secretary Rubio’s decision to cancel Khalil’s visa relies on a legal provision that grants the Secretary of State broad discretion to revoke visas held by foreign nationals. This authority is commonly invoked in cases involving national security risks or when an individual’s presence is deemed detrimental to U.S. interests.

The move also aligns with immigration and national security policy directives issued during the Trump administration. Specifically, Khalil’s visa revocation appears consistent with a January 20 executive order from former President Trump, which declared:

“It is the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.”

Khalil’s legal team has not denied his involvement in the Columbia protests but insists that his actions were peaceful expressions of political belief and criticism of a foreign government’s military actions. They argue that deporting him would constitute a violation of constitutional principles and international norms regarding the rights of protest and asylum.

As the legal proceedings continue, the case is expected to become a flashpoint in the ongoing debate over the intersection of immigration enforcement, freedom of speech, and U.S. foreign policy.

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