Hazleton Doesn't Do its Homework

NEW YORK — In the three months since he was illegally detained by ICE for speaking out in support of Palestinian rights, Mahmoud Khalil has been forced to miss the birth of his son, his wife’s first Mother’s Day, and now his own first Father’s Day. To mark this moment, Mo Amer, Mark Ruffalo, Arian Moayed, Dallas Goldtooth, W. Kamau Bell, Mahershala Ali, Tom Morello and Alex Winter came together to read the letter Mahmoud wrote to his newborn son, Deen. The video begins with Mahmoud’s voice speaking over the phone to Deen from ICE detention in Louisiana: “Yaba Deen, these are my first words to you,” Mahmoud says. It comes just one day after a federal judge granted Mr. Khalil’s request for preliminary injunction, finding that he would continue to suffer irreparable harm if he remains detained. Further, the court ruled that it was unconstitutional to detain and seek to deport someone purely on the basis of their advocacy. Despite this ruling, he remains detained in Louisiana. As fathers themselves, these artists are using their platforms to speak out. Palestinian American comedian and actor Mo Amer explains, “I am a Palestinian refugee, asylee to America, became a citizen in 2009, and in 2023 I had a son. Mahmoud’s letter is like a dagger to the heart, and that’s why I am doing this.” They also understand that if it can happen to Mahmoud, a permanent lawful resident and U.S. green card holder, it can happen to anyone. As Iranian American actor and screenwriter Arian Moayed noted, “I can't imagine being taken away from my child for speaking up for labor rights. I can't imagine being taken away from my child for speaking up for Iranian rights. I can't imagine being taken away from my child for speaking up for veterans rights. All of which I have done in the past. And now I'm saying the same thing. No human being deserves to be taken away from their child because of what they believe in. That's not what this country is made for.” The celebrity fathers filmed this video because they see how Mahmoud’s struggle is intertwined with theirs. “I know that on this stolen land, nobody is free unless we are all free. And so this is an act of solidarity and love for any and all who dream for a better and healthier future for all of us, in all life on this planet,” said Native American activist and actor from Reservation Dogs’ Dallas Goldtooth. Furthermore, they know that every day that Mahmoud remains detained is a day too long. Emmy-winning TV host, comedian and activist W. Kamau Bell said it plainly: “I get to go home to my kids. All dads should get that.” Just last week, dozens of experts outlined the “irreparable harm” he and his loved ones will continue to suffer as long as he remains detained thousands of miles away from him. “True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has. I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father’s Day at home in New York with Deen in his arms,” said Noor Abdalla, Mahmoud’s wife. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, the ACLU of Louisiana, and the American Civil Liberties Union (ACLU).

NEW JERSEY – A federal judge granted Mahmoud Khalil’s request for a preliminary injunction, after concluding that he would continue to suffer irreparable harm if he remains detained. This comes after the court held last week that Mr. Khalil was likely to succeed on the merits of his constitutional challenge to the government's detention and attempted deportation on foreign policy grounds. The court also ruled that it was unconstitutional to detain and seek to deport someone purely for their advocacy, here on behalf of Palestinian human rights. The government has until 9:30 a.m. on Friday to appeal the decision before Mr. Khalil must be released. “This is the news we’ve been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen,” said Dr. Noor Abdalla, Mahmoud Khalil’s wife. “True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has. I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father’s Day at home in New York with Deen in his arms.” The preliminary injunction blocks the Trump administration from using the provision of the Immigration and Nationality Act that Secretary of State Marco Rubio invoked to detain and attempt to deport Mr. Khalil, and other students and students and scholars, for their speech. This is the first federal court to rule that Mr. Khalil and other noncitizens cannot be deported based solely on the so-called “foreign policy ground” of the INA, a blow to the Trump administration’s attempt to suppress the speech of those who protest and speak out in support of Palestinian rights. The court found that “it is overwhelmingly likely that the Petitioner would not be detained based solely on the lawful-permanent-resident-application charge. Rather, the Court finds, the Petitioner’s detention almost surely flows from the charge that is based on the Secretary of State’s determination.” “We are relieved that the court documented what was obvious to the world, which is that the government's vindictive and unconstitutional arrest, detention and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm,” said Baher Azmy, legal director of the Center for Constitutional Rights. “We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation.” This decision comes less than a week after the court asked for and received additional information about the irreparable harm Mr. Khalil is experiencing in ICE detention in order to rule on his outstanding request for release and the preliminary injunction. On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,300 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. Since being unlawfully detained, Mr. Khalil has been forced to miss the birth of his first child and other irreplaceable moments in his family's life. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, the ACLU of Louisiana, and the American Civil Liberties Union (ACLU). The following are quotes from Mr. Khalil’s legal team: Brett Max Kaufman, senior counsel in the ACLU’s Center for Democracy, said, “Today’s ruling is a huge win for the Constitution and the rights of citizens and non-citizens alike. No one should be imprisoned or deported for their political beliefs, and the three months that Mahmoud has spent in detention are an affront to the freedoms that this country is supposed to stand for.” Ramzi Kassem, co-founder and director of CLEAR, added: “This vindicates what Mahmoud has maintained since day one — that the government cannot detain or deport him based on Rubio’s say-so. ICE should now do the right thing and release Mahmoud immediately so he can return to his wife, Noor, and their newborn baby boy, Deen.” Marc Van Der Hout, founding partner at Van der Hout LLP, said: “The district court soundly and clearly rejected DHS’s attempt to deport Mahmoud for speaking out about the genocide in Gaza. The three months of illegal incarceration that Mahmoud has suffered is outrageous, and ICE should immediately release him. There is absolutely no legitimate reason for his continued unjust and cruel detention.” Donna Lieberman, executive director of the New York Civil Liberties Union, said: “Today the Court clearly rejected the government’s attempts to deport Mahmoud Khalil based on Secretary Rubio’s determination. Now, after three months, there is no basis for his detention and Mr. Khalil must finally be able to go home and support his wife and newborn. Ideas are not illegal, and no administration should ever unilaterally incarcerate, suppress, or remove people for expressing opinions with which they disagree.” Amy Greer, associate at Dratel & Lewis, said: “Today, the judge found what we already knew — the Rubio determination is unconstitutional. The U.S. government cannot detain people for their protected political advocacy. Today was the first step to justice, but we will not stop fighting until Mahmoud is home with his wife and child.” The order can be viewed here. For all case materials, please see here.

SAN DIEGO — A federal court in California ruled the Trump administration breached the settlement agreement stemming from the American Civil Liberties Union’s family separation lawsuit. At issue is the administration’s sudden and unexplained termination of a contract guaranteeing legal services to clients covered in the 2023 agreement. The ACLU filed a motion in April after the Trump administration abruptly notified the Acacia Center for Justice, the main contractor that oversees the legal services program serving those clients, that it did not intend to renew its contract. The administration had said it would attempt to provide the legal services itself, a clear conflict. U.S. District Judge Dana Sabraw of the Southern District of California today ordered the government to reinstate its contract with Acacia so the organization can provide the required legal services under the settlement. He stressed that the Trump administration cannot “just simply disregard” a settlement the U.S. government agreed to. ACLU attorney Lee Gelernt, lead counsel in the family separation lawsuit, had the following reaction: “We’re pleased the court found the Trump administration breached the settlement agreement. This is not a minor or technical breach. In the absence of lawyers to assist them, these children who have suffered so much at the hands of the first Trump administration will be in real danger of being separated again. This ruling will help make sure that doesn’t happen.” The ruling is here.

WASHINGTON — Immigrants’ rights groups are asking a court to block the Trump administration’s fast-track deportation policy. The move is part of an ongoing lawsuit filed by the American Civil Liberties Union, ACLU of the District of Columbia, and New York Civil Liberties Union, which are suing the Trump administration over the policy on behalf of Make the Road New York. The groups filed a motion today in federal court in Washington, D.C., seeking to block the policy as the case is litigated. The action comes as Immigration and Customs Enforcement (ICE) stakes out immigration courthouses and arrests people at their scheduled appointments and then attempts to quickly deport them without any due process. Due process requires they get a fair hearing, which this Trump rule strips from them. “The Trump administration is using this illegal policy to fuel its mass deportation agenda and instill fear in immigrant communities,” said Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project and lead counsel. “People who are complying with their legal obligations are basically being ambushed by ICE at their court appointments. The administration’s actions are unprecedented and lawless, and we are asking the court to act swiftly to stop it.” “The expansion of expedited removal is violating basic rights and inflicting terror on our communities. Every day, we are seeing families ripped apart and people who have lived here for years and attended court be handcuffed, detained in deplorable conditions, and subjected to a fast-track deportation system that is riddled with errors,” said Sienna Fontaine, co-executive director of Make the Road New York. “This administration’s reckless attempt to deprive people of their legal rights under the law is a serious threat to our legal system and puts everyone at risk of wrongful deportation. All people, regardless of immigration status, have the right to a fair process in their case, but this policy aims to strip immigrants of that right. We will continue to fight against this administration’s unlawful schemes and ensure that all people have the fundamental right to due process.” “The right to due process requires that people receive a full and fair hearing before they are deprived of an important interest. Expedited removal lacks key procedural safeguards and has a long track record of errors that will be amplified by the government’s expansion of this system. To protect people’s fundamental rights, we are urging the court to stop this expansion while this case proceeds,” said Aditi Shah, staff attorney with the ACLU of the District of Columbia. “The Trump administration's cruel policy of fast tracking mass deportations blatantly disregards due process and puts countless lives at risk,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “This extremist, unfair policy puts thousands of vulnerable people — parents, workers, friends, and loved ones — at risk of wrongful deportation without proper review. The Trump administration must restore the essential legal safeguards that ensure basic fairness and accountability — because everyone deserves a fair day in court when their future is on the line.” The filing is here.