The Trump administration’s case to deport Columbia University graduate and activist leader Mahmoud Khalil rests solely on a letter written by Secretary of State Marco Rubio which repeats the baseless claim that Khalil engaged in “antisemitism,” according to an individual who has reviewed the government’s filing.

The Department of Homeland Security submitted Rubio’s letter, a 1 ½-page declaration, on Wednesday evening at a Louisiana immigration court at the LaSalle ICE facility, a source familiar with the legal proceedings who has seen the letter told The Intercept. Khalil has been imprisoned at the ICE facility since March 9, a day after his arrest.

On Tuesday, Judge Jamee Comans ordered the government to present evidence by Wednesday to justify its attempt to deport Khalil. Rubio’s letter was the sole piece of evidence provided by DHS attorneys, the source said.

Comans will preside over a hearing on Friday to decide whether the government’s evidence is sufficient to deport Khalil. If Comans rules against the government, Khalil could be released as early as Friday.

“If he’s not removable, I don’t want him to continue to be detained – I will have him released,” Comans told attorneys for Khalil and the government during Tuesday’s hearing, according to

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