The arrest of a Palestinian activist who helped organize campus protests of the war in Gaza sparked questions about whether foreign students and green card holders are protected against being deported from the U.S.

Immigration and Customs Enforcement agents arrested Mahmoud Khalil on March 8. Homeland Security officials and President Donald Trump indicated the arrest was directly tied to his role in the protests last spring at Columbia University in New York City.

Khalil is held at an immigration detention center in Jena, Louisiana, while he awaits immigration court proceedings that could eventually lead to deportation. His arrest drew criticism that he's being unfairly and unlawfully targeted for his activism while the federal government essentially described him as a terrorist sympathizer.

Campus Protests-Immigration Arrest

Palestinian supporters, including Mahmoud Khalil, second from left, demonstrate Oct. 12, 2023, during a protest at Columbia University in New York.

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Is deportation possible?

A green card holder is someone who has lawful permanent residence status in the United States.

Campus Protests-Immigration Arrest

Student negotiator Mahmoud Khalil is seen April 29 at a pro-Palestinian protest encampment on the Columbia University campus in New York.

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Jaclyn Kelley-Widmer, a law professor at Cornell Law School who teaches immigration law, said lawful permanent residents generally have many protections and "should be the most protected short of a US citizen."

Still, that protection isn't absolute. Green card holders can be deported for committing certain crimes, failing to notify immigration officials of a change in address or engaging in marriage fraud, for example.

The Department of Homeland Security said Khalil arrested as a result of Trump's executive orders prohibiting antisemitism.

Trump argued that protesters forfeited their rights to remain in the country by supporting the Palestinian militant group Hamas, which controls Gaza and is designated as a terrorist organization.

Khalil and other student leaders of Columbia University Apartheid Divest rejected claims of antisemitism, saying they are part of a broader anti-war movement that also includes Jewish students and groups. But the protest coalition, at times, voiced support for leaders of Hamas and Hezbollah, another Islamist organization the U.S. designated as a terrorist group.

Experts say officials seem to indicate they are trying to deport Khalil on the grounds that he's engaging in some sort of terrorist activity or somehow poses a threat.

Campus Protests Immigration Arrest

A protester raises signs March 10 during a demonstration in support of Palestinian activist Mahmoud Khalil outside Columbia University in New York.

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Khalil has not been convicted of any terrorist-related activity nor even charged with wrongdoing.

Still, experts say the federal government has fairly broad authority to arrest and try to deport a green card holder on terrorism grounds.

Under the Immigration and Nationality Act, green card holders do not need to be convicted of something to be "removable," Kelley-Widmer said. They could be deported if the secretary of homeland security or the attorney general have reasonable grounds to believe they engaged in, or are likely to engage in, terrorist activities, she said.

Kelley-Widmer said she's never seen a case where the alleged terrorist activity happened in the U.S., and she questioned whether taking part in protests qualifies.

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Protests in New York City after a Palestinian solidarity demonstrator is arrested by immigration police despite holding a green card.

What did ICE say?

One of the key issues in Khalil's case is what ICE agents said to his lawyer at the time he was arrested.

His lawyer, Amy Greer, said the agents who took him into custody at his university-owned home near Columbia initially claimed to be acting on a State Department order to revoke his student visa.

When Greer informed them that Khalil was a permanent resident with a green card, they said they would revoke that documentation instead.

Kelley-Widmer said that exchange raises questions about how familiar the agents who arrested him were with the law or whether there was a "real disregard for the rule of law."

"I think we should be really concerned that this is happening," she said.

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A US judge ordered that Palestinian Columbia student Mahmoud Khalil not be deported for now as part of President Donald Trump’s crackdown on some anti-Israel protesters. Watch this report for more details!

What are the next steps?

Secretary of State Marco Rubio said in a social media post that the administration will revoke "the visas and/or green cards of Hamas supporters in America so they can be deported."

If someone is in the country on a student visa, the State Department has authority to revoke it if the person violates certain conditions. For example, Florida immigration attorney John Gihon said, it's quite common for the State Department to cancel visas of foreign students who get arrested for drunken driving.

But when it comes to someone who's a lawful permanent resident, that generally requires an immigration judge to determine whether the person can be deported.

Gihon said the next step is that Khalil would receive charging documents explaining why he's being detained and why the government wants to remove him, as well as a notice to appear in immigration court.

Khalil's lawyers filed a lawsuit challenging his detention. A federal judge in New York City ordered that Khalil not be deported while the court considers his case.

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