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00:00It's highly unusual because Mr. Khalil is a green card holder.
00:27Green card holders have rights.
00:29They just cannot be picked up in the way he has been and detained incognito.
00:50As of now there are no assurances from the university that no NYPD or any other law enforcement
00:56including the National Guard will be brought into the university.
01:01They're justifying it based on an executive order that Trump issued that would authorize
01:09the DHS to use the Immigration Act to go after students who have protested in the context
01:20of the Gaza conflict.
01:23But an executive order cannot change the law.
01:28We do have a statute and it bears repeating where the government has a heavy burden to
01:35establish through clear and convincing evidence that the green card holder is deportable under
01:42one of the grounds of deportation in the Immigration and Nationality Act.
01:56Since taking office my administration has launched the most sweeping border and immigration
02:02crackdown in American history.
02:10The person should have been convicted of a crime, a deportable offense.
02:18I don't believe Mr. Khalil has been convicted of such an offense from what I know.
02:26You could also initiate deportation proceedings if a green card holder has provided material
02:33support to a terrorist organization, which is what the Trump administration has been
02:40alleging.
03:01Let's assume that he has been solely involved in campus protests for Palestinian rights.
03:10That in itself should not constitute material support to terrorism.
03:19The government has a very high burden of proof.
03:23They have to demonstrate through clear and convincing evidence that the person they wish
03:31to remove is deportable from the United States.
03:36That is a very high burden.
03:44Once again our movement here, when they tried to clear it last week, we prevailed.
03:49If they want to once again bring NYPD or any law enforcement, we will prevail.
04:01If he's not been convicted of a crime and he's not been abroad so that they can then
04:08establish that he abandoned permanent residence, he's been here in the United States, I don't
04:15see how they can deport a green card holder.
04:18A green card holder does have solid rights established in the Immigration and Nationality
04:24Act and also buttressed by Supreme Court precedents.
04:49The writ of habeas corpus allows a person who has been unlawfully detained to file a
04:57writ in federal court to challenge the detention and to have the government answer and provide
05:04a legal basis for the detention.
05:08That's what's been done on Sunday, from what I know.
05:18If the notice to appear is issued, if they've initiated deportation proceedings against
05:40Mr. Khalil, then they can detain him, but Mr. Khalil can ask an immigration judge to
05:50conduct a bond hearing so that he can be released.
05:54He should be released in a bond proceeding because he's not a threat to the community,
06:01he's not a flight risk from what we know.
06:05If he's able to post bond, he should be released while the proceedings are instituted against
06:13him to deport him.