Trump is bringing back McCarthyism to go after Mahmoud Khalil

Mahmoud Khalil's arrest marks a turning point in both the Trump administration’s immigration policy and its stance toward dissidents.

The administration is going after Khalil with section 237(a)(4)(C)(i) of the INA, under which the secretary of state can declare any noncitizen — even legal permanent residents — “deportable,” but only an immigration judge can.

The INA was passed at the height of Cold War paranoia in 1952 , when politicians saw the specter of communism everywhere.

Former DHS official says he can ask for cancellation of removal, asylum, withholding, deferral of removal.

Each of Khalil ’s options has different legal requirements and different outcomes.

The habeas petition will play an important part in the future of his case, affecting his ability to stay in the US .

Khalil is now at an ICE detention center in Jena , Louisiana .

The provision Rubio is using to target Khalil is often used to prevent certain people from entering the US — to declare them “inadmissible” A Boston -based immigration attorney said the provision is “very concerning” because it only requires a letter from the secretary of state .

Trump and Leavitt ’s recent statements suggest that Rubio will use the same statute to go after other protesters.