Mahmoud Khalil’s Lawyers Want to Depose Marco Rubio in Immigration Court

The secretary of state argued via memo that he can “personally determine” whether legal permanent residents can be deported for their speech.

Marco Rubio 2025 AP-25015585376376

Tom Williams/AP

The lawyers representing a pro-Palestinian protester in his immigration proceedings told reporters Thursday they want to depose Secretary of State Marco Rubio after he argued to an immigration court that he has the authority to “personally determine” whether any noncitizen can be deported based on their speech.

Mahmoud Khalil, a 30-year-old graduate of Columbia University who acted as a spokesperson and negotiator for student protesters, will appear Friday afternoon in a Louisiana immigration court, where a judge could rule on his removal. His detainment was the first of several high-profile arrests by the federal government, which included international students with histories of pro-Palestinian advocacy.

“The Rubio letter is the only piece of evidence going to the main charge in this case that his presence in the United States could have potentially serious foreign policy consequences,” said Marc Van Der Hout, who serves as counsel to Khalil, referring to a two-page memo Rubio submitted to the immigration court. “We have the right, Mr. Khalil has the right, under due process, to confront the evidence against him, and that’s what we want to examine Secretary of State Rubio about.”

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