Experts say Palestinian activist Mahmoud Khalil, a green card holder, can't be deported without due process
The detaining of Mahmoud Khalil, the Columbia University student and Palestinian activist who possessed a green card, has raised questions about the deportation risks faced by lawful permanent residents amid the Trump administration's escalating crackdown on immigration.
President Donald Trump's administration, which has alleged that Khalil was a supporter of Hamas, has said it has the authority to deport Khalil under the Immigration and Nationality Act.
"Secretary [Marco] Rubio reserves the right to revoke the visa of Mahmoud Khalil under the Immigration and Nationality Act, the Secretary of State has the right to revoke a green card or a visa for individuals who are adversarial to the foreign policy and national security interests of the United States of America," White House Press Secretary Karoline Leavitt said during a press conference this week.
Khalil, whose detention has sparked protests this week, is married to an American citizen who is eight months pregnant. He has not been charged with a crime, and some supporters have accused the government of abducting him.
Under the Immigration Nationality Act, which experts say is rarely invoked, the government can charge a green card holder as being deportable without being convicted of a crime if there are reasonable grounds to believe they engaged in certain criminal or terrorist activities.
But experts and immigration attorneys ABC News spoke with said the statute does not give the secretary of state the power to deport green card holders like Khalil without going through a procedure.
"The way the statute is constructed, it doesn't mean that Secretary Rubio can just say, 'Oh, I determined this, and therefore we're just going to deport you out of the country,'" said Greg Chen of the American Immigration Lawyers Association. "You would still need to go through a process."
After the federal government invokes the statute, individuals like Khalil are entitled to argue their case before an immigration judge. Khalil is set to appear before an immigration judge later this month in Louisiana.
"There are some due process and protective procedures that the person is entitled to," Chen said, "including being given a notice of the charges, and an opportunity to confront that evidence and to bring his or her own evidence in response."
Chen told ABC News that typically it can take months or even years for immigration cases to "go from start to finish" -- but because of Khalil's "unique circumstances," a judge can prioritize a case and expedite the process.
Experts told ABC News there are a number of reasons why an individual could lose their green card, including marriage fraud, immigration fraud, violent crimes and other offenses.
Andrew Nietor, an immigration attorney, told ABC News said that while there are cases where the government invokes the Immigration and Nationality Act for certain green card holders with criminal convictions, he said he has never seen a case like Khalil's.
"I've never seen this ground of deportation invoked," Nietor said. "It's almost always a green card holder who is almost always in deportation proceedings because of some type of criminal conviction."
