The third amendment to Mr. Khalil’s complaint is now on file.

It updates with newly discovered (and hideous) information — on the Trump/Rubio/Noem campaign to suppress protected speech, using arrests and abductions by ICE / DHS without so much as a whiff of due process. But that was clear from the go, here:

…On March 13, 2025, when asked to justify the government’s actions, Troy Edgar, the Deputy Secretary of DHS, did not dispute that Mr. Khalil had not broken any laws and instead asserted that he was “agitating and supporting Hamas” by “put[ting] himself in the middle of the process of basically pro-Palestinian activity.” When asked directly if “any criticism of the Israeli government [is] a deportable offense,” if “any criticism of the United States [is] a deportable offense,” if “any criticism of the government [is] a deportable offense,” and if “protesting [is] a deportable offense,” Deputy Secretary Edgar did not dispute any of those statements….

The [statutory] “Foreign Policy Bar” expressly prohibits the Secretary of State from issuing a policy to exclude or condition entry based on a non-citizen’s “past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States,” unless the Secretary personally certifies to Congress that admitting the individual would compromise a compelling U.S. foreign policy interest. See id. (citing INA § 212(a)(3)(C)(iii)).

Upon information and belief, Secretary Marco Rubio has not provided any certifications regarding a determination under the Foreign Policy Ground concerning Mr. Khalil to the chairs of the House Foreign Affairs, Senate Foreign Relations, and House and Senate Judiciary Committees, as required by 8 U.S.C. § 1182(a)(3)(C)(iv)….

This must be resisted. Peacefully, but firmly resisted. This is what… fascism looks like, in its early stages. Out.

नमस्ते

As we guessed, the urgent requests for bail / bond / furlough were to be present for the birth. All were made under seal. These were all denied within hours.

But he remains — as a Columbia grad student, lawfully present in the US — uncharged with any overt offense under our laws. We have Constitutional limits — as interpreted by, and set in the Supremes’ opinions over the last century or so — as to the time limits for holding any person; anyone (not just citizens) without a formal charging hearing. Elsewise, they must be released — and a bit of it.

…We write as counsel for Mahmoud Khalil (A-number: – I Facility: Jena) to request that Mr. Khalil be released on furlough immediately for a period of two weeks.

Mr. Khalil’s wife has just gone into labor this morning in New York City, eight days earlier than expected. A two week furlough in this civil detention matter would be both reasonable and humane so that both parents can be present for the birth of their first child. Undersigned counsel and Mr. Khalil would be open to any combination of conditions that would allow furlough from ICE’s perspective, including a GPS ankle monitor and/or scheduled check-ins….

We would be grateful for a prompt reply in light of this urgent development….

Denied. Yet he remains… uncharged, before any Article III judge. While we have only joy, and the best of hopes, for this newest US citizen (born here; citizen here!) — we may need to fight for this lil’ tyke’s rights (and all others, similarly situated — as it is from the ranks of these, that most of our best scientists now arise. That is a fact; one Hinderaker ought to take notice of).

And, well — this is… a country I barely recognize, at the moment — at least as to human rights.

नमस्ते