Government lawyers argued that the judiciary has no authority to override the executive branch’s discretion in deciding where to detain a noncitizen undergoing removal proceedings. They emphasized that Congress granted the executive broad powers in such matters, including the location of detention. Furthermore, the DOJ stated that even if officials wanted to transfer Khalil, it would not be feasible due to overcrowding. An affidavit from an ICE official confirmed that the Elizabeth facility was already over capacity by 51 detainees, housing 355 individuals. The DOJ asserted that ICE maintains full discretion over where Khalil is held, and logistical realities strongly weigh against any transfer.

Although Judge Farbiarz acknowledged arguments that Senator Marco Rubio's rationale for stripping Khalil of his green card—based on his political advocacy—might violate constitutional protections, he also noted the Trump administration had cited additional grounds for removal that have yet to be resolved. One such reason includes allegations that Khalil submitted a misleading or incomplete green card application.

According to the Department of Homeland Security (DHS), Khalil omitted key information from his green card paperwork. He allegedly failed to disclose his involvement with the Columbia University Apartheid Divest campaign and did not report past employment, including his 2023 role with the United Nations Relief and Works Agency for Palestine Refugees. The DHS contends that Khalil obtained his immigration status through fraud or by deliberately withholding crucial facts—an act considered a violation of U.S. immigration law. Khalil, originally from Syria but a citizen of Algeria, remains in ICE custody as legal proceedings continue.

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