Two high-profile immigration cases with ties to Vermont are back in the spotlight. With Mahmoud Khalil now facing deportation after exhausting his appeals, attention is shifting to Mohsen Mahdawi, a resident of Vermont whose case remains unresolved but who has recently won expanded freedom of movement under court order.
Background: Arrests Sparked National Debate
The chain of events began earlier this year when federal authorities arrested two lawful permanent residents on separate charges that raised questions about fraud, national security, and foreign policy.
The first was Khalil, whose immigration paperwork was found to contain material misrepresentations. The Department of Homeland Security (DHS) alleged that Khalil had failed to disclose important information, leading the immigration judge to conclude that his lawful permanent residency had been fraudulently obtained.
Shortly after, DHS arrested Mohsen Mahdawi, a University student and Vermont resident, based on a March 15 memorandum from Secretary of State Marco Rubio. That determination declared Mahdawi deportable under the Immigration and Nationality Act (INA) § 237(a)(4)(C), which allows removal if the Secretary of State personally concludes an individual’s presence poses serious foreign policy consequences.
Both arrests prompted protests and criticism that the government was targeting lawful permanent residents for their political speech. Supporters argued that the two men were being punished for their activism, while DHS countered that its actions were based on evidence of misrepresentation, dangerous conduct, and foreign policy risks.
Court Interventions and Release
As the cases moved forward, both men sought release from immigration detention. In April, U.S. District Judge Geoffrey Crawford ordered Mahdawi’s release on personal recognizance, initially restricting him to Vermont and parts of New York to allow for his studies at Columbia University.
In May, the court broadened those conditions to allow additional travel between Vermont and New York. Then, in a July 17 order, Judge Crawford lifted travel restrictions entirely, permitting Mahdawi to travel anywhere in the United States while his case proceeds. The government opposed the expansion, citing concerns about Mahdawi’s plans to participate in political events in Washington, D.C., and beyond, but the court ruled there was no evidence of a current flight risk or danger to the community.
Khalil also pursued relief, but his circumstances diverged. His removal case turned on allegations of fraud, and unlike Mahdawi, the courts found no basis to halt deportation.
Khalil’s Outcome: Removal Imminent
Court records show that Khalil’s case centered on INA § 212(a)(6)(C)(i), which renders inadmissible anyone who secures immigration benefits through fraud or willful misrepresentation. The immigration judge found that Khalil had done just that, and higher courts declined to overturn the ruling.
The Secretary of State’s foreign policy assessment added weight against him. Judges have consistently held that once such a determination is issued, it is entitled to significant deference. With his appeals exhausted, Khalil now faces deportation. Unless a last-minute Supreme Court petition were granted—a highly unlikely scenario—Immigration and Customs Enforcement may proceed with removal once travel arrangements are secured.
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Mahdawi’s Status: Pending Removal, Expanded Freedom
By contrast, Mahdawi’s case rests not on fraud but on the March 15 Rubio memorandum, which invoked the INA’s foreign policy provisions. In that document, the Secretary of State concluded Mahdawi’s activities—particularly his role in organizing campus protests—undermined U.S. policy to combat antisemitism and threatened American efforts to advance peace in the Middle East.
DHS reinforced its case with supporting evidence. Exhibits filed in federal court included Windsor, Vermont, police reports from 2015 in which community members alleged Mahdawi claimed to have built weapons in Palestine to kill Jews, expressed interest in sniper rifles and machine guns, and made antisemitic remarks. A separate Customs and Border Protection report from 2019 described a stop at the Derby Line border crossing in which Mahdawi was found with LSD, methamphetamine, mushrooms, and $4,000 in cash.
Despite those records, the district court has emphasized that bail determinations hinge on two factors: likelihood of appearance and risk to the community. With no violations since his release and no new incidents cited, the court ruled that travel restrictions were not justified. Mahdawi remains required to reside in Vermont and attend all court hearings, but otherwise may travel freely in the United States while his case moves forward.
Comparing the Two Cases
Khalil and Mahdawi share similarities: both lawful permanent residents, both accused of conduct raising security or policy concerns, and both initially detained by DHS. Yet their legal paths differ.
- Khalil: Found removable on fraud grounds, with foreign policy concerns reinforcing the decision. All appeals exhausted; deportation imminent.
- Mahdawi: Facing removal under foreign policy provisions of the INA, with DHS citing past statements and law enforcement reports as corroboration. Case ongoing; currently free on bail with nationwide travel allowed.
Where Things Stand
As of July 2025, Khalil’s removal appears inevitable, closing one chapter in the controversy. Mahdawi’s case remains active, with his freedom of movement expanded even as DHS pursues deportation under the Secretary of State’s determination.
The contrast highlights how immigration law draws sharp distinctions between fraud-based removal and foreign policy-based removal, even when both are framed by broader debates over speech, security, and national interest.
Dave Soulia | FYIVT
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