ICE agents arrested Mahmoud Khalil without a warrant

Given all that has happened to international students and activists in recent weeks, it seems like a long, long time ago but the removal case of activist — and lawful permanent resident — Mahmoud Khalil continues.  

CBS News reports the latest on Khalil’s case:  “The Trump administration conceded [yesterday] that Immigration and Customs Enforcement agents did not have a warrant when they detained Columbia University activist Mahmoud Khalil in March . . . .”

Khalil’s attorneys have asked the immigration court in Louisiana, where Khalil has been detained by ICE, to terminate his removal because he was arrested without a warrant.

“The Department of Homeland Security, which oversees ICE, admitted in a court filing that immigration agents typically need warrants before arresting individuals. But it argued that Khalil was arrested without a warrant due to `exigent circumstances,’ alleging that agents believed the Columbia activist would `escape before they could obtain a warrant.'”

The argument that a warrantless arrest was justified by exigent circumstances and the possibility that Khalil would flee, on its face seems weak.  Khalil is a lawful permanent resident, has a U.S. citizen wife, and, at the time of his arrest, was awaiting the birth of their baby.  The baby was born earlier this week while Khalil was in detention in Louisiana.

KJ