US President Donald Trump’s administration has urged a judge to dismiss Columbia University student Mahmoud Khalil’s challenge to his immigration arrest or alternatively move the case out of New York, as the pro-Palestinian activist’s lawyers fight for his release, Reuters reports.

In a court filing shortly before midnight on Wednesday, Justice Department lawyers told US District Judge Jesse Furman in Manhattan that the government is seeking Khalil’s removal because Secretary of State Marco Rubio has reasonable grounds to believe his activities or presence in the country could have “serious adverse foreign policy consequences”.

Under a provision of the US Immigration and Nationality Act, a law passed in 1952, any immigrants may be deported if the secretary of state deems their presence in the country potentially adverse to American foreign policy. Legal experts have said that provision is rarely invoked, and Khalil’s lawyers have said it was not intended to silence dissent.

The Justice Department did not elaborate in its filing on how Khalil could harm US foreign policy objectives. Trump and officials in his administration have, without presenting evidence, accused Khalil of supporting Hamas.

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