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Message

re: Palestinian activist Mahmoud Khalil will remain in ICE detention in Louisiana

Posted on 3/12/25 at 4:12 pm to
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 4:12 pm to
quote:

A student/former student who helped organize protests that took over buildings, sections of campus, blocked students from attending class, harassed students on the basis of ethnicity and religion can have serious foreign policy consequences.



Can it? It very much has massive domestic policy consequences. I don't necessarily see what the foreign policy consequences are. If protest were so drasctically important to global affairs no one would ever be alligned with France, they shut down half of Paris protesting because Macron ate too much escargot for dinner.

quote:

And the bar is not high. It requires that the Sec. of State has a facially reasonable and bona fide determination. That is not "beyond a reasonable doubt" or even more likely than not. It is more on the level of probable cause.


Rubio is a smart fellow, I have no doubt he will write up something nice that we will probably never see, but it isn't as simple as writing "this might cause our allies to be upset." Again, I think they will meet it, but I don't know if it's as simple as you are making it seem.

If he just had a student visa it would be open and shut.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 4:15 pm to
quote:

A student/former student who helped organize protests that took over buildings, sections of campus, blocked students from attending class, harassed students on the basis of ethnicity and religion can have serious foreign policy consequences.

And the bar is not high. It requires that the Sec. of State has a facially reasonable and bona fide determination. That is not "beyond a reasonable doubt" or even more likely than not. It is more on the level of probable cause.


As a general rule, what I've read is that you're right, it's not high but in this case it's fairly high. As a permanent US resident, Khalil is afforded 1st amendment rights and the Government does have to convince an immigration judge that his speech is in some way dangerous. That seems like a tall order when almost all of his actions and words have been wide open and a matter of public record. Nothing can be found (or at least found by me) that shows he abused, harassed or violated the rights of Jews. And more importantly, that he supported Hamas.

And here's one final complicating factor. I'm paraphrasing but there's a provision in all this that says he can stay if his deportation would cause undue hardship on a spouse, parent or child. The guy is married to an American citizen and has a baby on the way. That's a big frickin' monkey wrench.

I think the likelihood of him getting deported is really low.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 3/12/25 at 4:16 pm to
Do not pass go, do not collect $200
Posted by BBONDS25
Member since Mar 2008
59474 posts
Posted on 3/12/25 at 4:17 pm to
quote:

I think the likelihood of him getting deported is really low.


Respectfully disagree. Immigration court is the Wild West. I had a case where the judge let a Wikipedia entry be entered into evidence. The burden is low. And there likely won’t be much empathy for this particular individual. Especially in Oakdale.
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 4:21 pm to
quote:

I had a case where the judge let a Wikipedia entry be entered into evidence.




Had OCC in Buffalo try to run forensic tests on a client's poll worker vest for a Honduran political opinion case a few years ago. Judge was like that is unnecessary clearly it is a real vest.
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 4:29 pm to
quote:

there's a provision in all this that says he can stay if his deportation would cause undue hardship on a spouse, parent or child.


It's not that simple, and he hasn't met the physical presence requirement.

quote:

I think the likelihood of him getting deported is really low.


I think he will be sitting in Jena for a LONG time, like 2-3 years or more. No idea if I think he succeeds or not. On one hand I am almost absolutest on free speech and pro-immigrant, but on the other hand I think this dude is a piece of shite who would doesn't deserve to enjoy the privileges and oppurtunities this country has given him.
Posted by BBONDS25
Member since Mar 2008
59474 posts
Posted on 3/12/25 at 4:40 pm to
quote:

Had OCC in Buffalo try to run forensic tests on a client's poll worker vest for a Honduran political opinion case a few years ago. Judge was like that is unnecessary clearly it is a real vest.


immigration court is wild.
This post was edited on 3/12/25 at 4:41 pm
Posted by baybeefeetz
Member since Sep 2009
32842 posts
Posted on 3/12/25 at 4:42 pm to
Hmmm. Is it legal to deport someone just because they speak in favor of some bad guys? Assuming no other support or conspiracy, I mean. Is this legit?
Posted by BarberitosDawg
Lee County Florida across causeway
Member since Oct 2013
13193 posts
Posted on 3/12/25 at 4:45 pm to
Maybe they can store him in your home and you both can make IED’s together on a bonding moment?
This post was edited on 3/12/25 at 4:48 pm
Posted by BBONDS25
Member since Mar 2008
59474 posts
Posted on 3/12/25 at 4:46 pm to
quote:

Hmmm. Is it legal to deport someone just because they speak in favor of some bad guys?


You should read the entire thread. Dummy.
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 3/12/25 at 4:51 pm to
quote:

Can it? It very much has massive domestic policy consequences. I don't necessarily see what the foreign policy consequences are.


There are a myriad of possibilities, and all that has to be stated is a prima facie case for them: fewer Israelis seek student visas in the US, foreign countries will consider other countries/schools for investment, foreign professors less likely to teach in the US, etc.
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 3/12/25 at 4:55 pm to
quote:

As a permanent US resident, Khalil is afforded 1st amendment rights


I keep seeing and hearing people say this and it is obviously false.
There are a whole host of 1st Amendment activities that a citizen can do without fear of adverse actions by the government that could get an alien in trouble. It is clear that I, as a U.S. citizen, can form a Nazi Party of America - recruit members, go overseas and recruit,etc. that could cause an alien to lose whatever status they have.

quote:

and the Government does have to convince an immigration judge that his speech is in some way dangerous.
Does the government have to prove that his speech is dangerous? Where are you getting that from?
Posted by PsychTiger
Member since Jul 2004
109289 posts
Posted on 3/12/25 at 5:00 pm to
quote:

I don’t support this action.


You should for your own safety. If you ever met a group of these Hamas folks you’d be flying off a roof.
Posted by Grassy1
Member since Oct 2009
7330 posts
Posted on 3/12/25 at 5:00 pm to
Free Speech only good when you agree.


The Right has gone Left.


Oh well. As long as Trump says it, we worship it, and Bibi.
Posted by HagaDaga
Member since Oct 2020
7893 posts
Posted on 3/12/25 at 5:02 pm to
quote:

Pandy Fackler

Man you sure are melting over this guy. No one cares about this POS.

No matter what, he isn’t a citizen so doesn’t deserve all the melting as if he is.

You don’t have the right to go into someone else’s home, and disrespectfully cross lines. This guy should have known he needed to stay civil due to his legality. Millions of people do that on a regular basis.

He has no right to be here. He has the privilege. That privilege can be cancelled out, and I don’t care why it is. Frick him.
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 5:02 pm to
quote:

As a permanent US resident, Khalil is afforded 1st amendment rights


I keep seeing and hearing people say this and it is obviously false.


quote:

Your Rights as a Permanent Resident
As a permanent resident (Green Card holder), you have the right to:

Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)
Be protected by all laws of the United States, your state of residence and local jurisdictions


USCIS Website

Seems USCIS disagrees.

quote:

There are a whole host of 1st Amendment activities that a citizen can do without fear of adverse actions by the government that could get an alien in trouble. It is clear that I, as a U.S. citizen, can form a Nazi Party of America - recruit members, go overseas and recruit,etc. that could cause an alien to lose whatever status they have.


This is different, and falls into potentially many grounds of inadmissibility and deportability specifically outlined in the INA.
Posted by PsychTiger
Member since Jul 2004
109289 posts
Posted on 3/12/25 at 5:03 pm to
quote:

FREE HIM!!! To Palestine.


How can he be sent to a place that doesn’t exist?
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 3/12/25 at 5:06 pm to
quote:

This is different, and falls into potentially many grounds of inadmissibility and deportability specifically outlined in the INA.


I know it is different, that is the point. Does the 1st Amendment protect citizens engaged in this type of behavior or not? Does the 1st Amendment protect aliens engaged in this type of behavior or not?

I don't really care what a website says - facts are aliens face potential adverse actions for engaging in behavior that citizens cannot face due to citizens having 1st Amendment protections that aliens do not have.

Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 5:34 pm to
quote:

I don't really care what a website says - facts are aliens face potential adverse actions for engaging in behavior that citizens cannot face due to citizens having 1st Amendment protections that aliens do not have


“A website” that is the official published stance of the Department of Homeland Security.

To your first point, a citizen has limits on free speech as well.
Posted by bkhrph
Lake Charles
Member since May 2022
332 posts
Posted on 3/12/25 at 5:43 pm to
My favorite Orgeron saying “You know, down the bayou, we got a nice little fishing hole for people like that,"
Maybe Ed can take him there while he’s this close.
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