Khalil, who was released in 2023 after being held in ICE custody without a clear path to deportation, alleges that federal immigration authorities unlawfully imprisoned him despite knowing that he had no country to return to. His lawsuit targets top officials in the Trump-era Department of Homeland Security and ICE, accusing them of detaining him in violation of federal law and international human rights standards.
“This wasn’t just a bureaucratic error,” said one of Khalil’s attorneys. “This was a deliberate misuse of government power to keep a man behind bars, even though the government knew he could not be deported anywhere.”
Born in a refugee camp in Lebanon to stateless Palestinian parents, Khalil has never held citizenship in any country. He came to the United States legally as a teenager and later faced deportation following a criminal conviction. However, since Lebanon refuses to accept stateless individuals like Khalil, his deportation was impossible. Despite this, ICE continued to detain him indefinitely.
Under a 2001 Supreme Court ruling (Zadvydas v. Davis), immigration authorities are generally prohibited from holding individuals for more than six months if deportation is not reasonably foreseeable. Khalil remained in detention for more than two years—well beyond that limit.
The $20 million claim alleges that Khalil suffered severe emotional distress and psychological trauma during his incarceration. He describes long periods in solitary confinement, deteriorating mental health, and a deep sense of hopelessness. Khalil’s attorneys argue that ICE officials were aware of his situation and continued to detain him unlawfully, without regard for his well-being or legal rights.
“The system failed Mahmoud Khalil on every level,” said another member of his legal team. “This case is about accountability, and it’s about making sure what happened to him doesn’t happen to others.”
The claim is not yet a formal lawsuit but serves as a necessary precursor to suing the federal government under the Federal Tort Claims Act. If the claim is rejected or goes unanswered after six months, Khalil can proceed with a civil lawsuit seeking damages for false imprisonment, abuse of process, and violations of his constitutional rights.
Khalil’s story highlights broader concerns about how ICE handles cases involving stateless individuals—those who, through no fault of their own, lack legal ties to any country. Immigration experts note that these cases often fall through the cracks of a system designed around the assumption that everyone can eventually be deported somewhere.
“This isn’t an isolated case,” said a human rights advocate familiar with Khalil’s situation. “The U.S. immigration system is not equipped to deal with statelessness. What’s needed is a clear legal framework that recognizes the unique plight of people like Mahmoud.”
Khalil now lives in the U.S. under supervision, checking in regularly with immigration authorities. Though technically still under a deportation order, there is no indication that any country will accept him in the foreseeable future. His attorneys are also exploring legal pathways to permanent residency or another form of relief that would allow him to live and work in the U.S. without fear of re-detention.
As Khalil seeks justice through the legal system, his case is drawing attention from immigrant rights groups, legal scholars, and members of Congress who have long criticized ICE’s detention practices.
“This case underscores the urgent need for reform,” said a congressional staffer working on immigration issues. “We need policies that reflect the reality that not everyone has a country to go back to—and indefinite detention is not a solution.”
Khalil’s legal team hopes that the $20 million claim will not only compensate him for the suffering he endured but also push the federal government to adopt humane and lawful procedures for handling stateless immigrants.
“Mahmoud Khalil should have never spent a single day in detention once it became clear that removal was impossible,” said his attorney. “He lost years of his life, and now he’s asking for the justice he deserves.”
Freed from ICE Detention, Mahmoud Khalil Files $20 Million Claim Over “Terrorizing” Ordeal Under Trump-Era Immigration Policies
For the outspoken Palestinian-American activist, who had often found the right words to speak truth to power, that memory left him uncharacteristically silent.
Now weeks after being released from federal immigration custody, Khalil is taking legal action. On Thursday, his attorneys filed a $20 million claim against the Trump administration, accusing federal officials of falsely imprisoning him, maliciously prosecuting him, and defaming him as an antisemite because of his pro-Palestinian advocacy—particularly his high-profile role in campus protests.
The claim—filed under the Federal Tort Claims Act—is a legal step toward a potential lawsuit and names the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and the U.S. State Department.
Khalil, 30, was a recent graduate student at Columbia University when he was arrested in March. His deportation case is still working its way through immigration court, but Khalil said his fight is about more than just his own freedom—it’s about resisting what he calls politically motivated abuse of power.
If awarded a settlement, Khalil said he intends to share the funds with others who were allegedly targeted by what he called the Trump administration’s “failed” attempt to silence pro-Palestinian voices. If no settlement is reached, he said he would accept a formal apology and structural changes to immigration enforcement policy.
In response to Khalil’s claim, DHS spokesperson Tricia McLaughlin dismissed it as “absurd,” accusing Khalil of “hateful behavior and rhetoric” that she claimed threatened Jewish students. The State Department defended its actions as legally justified.
Arrest Without Warning, Jail Without Rights
He was transported overnight to an ICE detention center in Jena, Louisiana—a remote jail whose location was allegedly withheld from both his family and lawyers for days. The claim accuses Trump-era officials of deliberately hiding Khalil’s whereabouts as part of a broader attempt to intimidate and punish him for his activism.
Inside the facility, Khalil said he was denied ulcer medication, fed “barely edible” food, and subjected to constant fluorescent lighting that made restful sleep impossible. He lost 15 pounds while in custody.
Even more disturbing to Khalil was the public celebration by Trump officials, who portrayed his arrest as part of a crackdown on what they called “pro-terrorist, anti-Semitic, anti-American activity” on college campuses.
Khalil, who has consistently denounced antisemitism and denies any links to Hamas or other terrorist organizations, found the government’s narrative deeply disturbing.
Targeted for Beliefs, Not Crimes
“My beliefs are not radical,” Khalil said. “I just don’t want my taxes or tuition dollars funding weapons manufacturers that contribute to genocide.”
Inside the 1,200-person facility, Khalil became a well-known figure. Drawing on past experience working in a British embassy in Beirut, he held informal “office hours” to help fellow detainees understand their legal cases, organize paperwork, and find translators.
“I’m pretty good at bureaucracy,” he joked. But behind the jokes was the heartbreak of hearing “story after story from people who didn’t understand what’s happening to them.”
A Judge Orders Release—But New Allegations Follow
After 104 days in ICE custody, a federal judge ordered Khalil’s release on June 20, ruling that the government’s attempt to deport him based on political beliefs was likely unconstitutional.
However, Khalil’s legal battle is far from over. Shortly after his release, new allegations emerged accusing him of misrepresenting personal details on his green card application—charges his lawyers call baseless and retaliatory. In a recent motion, they asked a judge to dismiss those charges, describing them as an attempt to continue harassing him.
The weeks since his release have brought both joy and anxiety. Khalil said he rarely leaves his home, wary of further arrests or targeted harassment. But he lights up when talking about watching baby Deen take his first swim. “It wasn’t very pleasant for him,” he said with a laugh, “but it was beautiful for me.”
A Continued Fight for Justice—and Palestine
Khalil said he has no intention of stepping away from activism. He remains committed to speaking out against what he describes as a humanitarian catastrophe in Gaza, where, according to Gaza’s Health Ministry, more than 57,000 Palestinians—over half of them women and children—have died in Israeli military strikes.
Just one day before his arrest, Khalil led a pro-Palestinian march through Manhattan, draped in the Palestinian flag and surrounded by security.
“We could’ve communicated better. We could’ve built more bridges,” he said. “But opposing genocide? No. That’s a moral imperative. When you’re watching your people be slaughtered, how can you do anything else?”
Khalil’s $20 million claim, while symbolic of the trauma he endured, is also a broader call for justice—for himself and for others caught in the crosshairs of what he sees as a politically driven immigration system. Whether through a court ruling, a policy change, or a public reckoning, he says the fight is far from over.