Palestinian activist Mahmoud Khalil filed a federal lawsuit on July 14, 2026, alleging that the Heritage Foundation, two pro-Israel surveillance groups, and nine Trump administration officials conspired to target him for his pro-Palestine advocacy, using the Ku Klux Klan Act of 1871—a Reconstruction-era law designed to stop government coordination with vigilante groups. The lawsuit claims that private organizations compiled targeting lists while federal immigration authorities acted on the same information, depriving him of constitutional rights through arrest and detention. The case hinges on allegations of a "public-private partnership" to suppress pro-Palestine activism through conflating it with terrorism and antisemitism, then using federal power to arrest and detain named individuals. If the claims are proven, the lawsuit would establish that federal officials coordinated with private advocacy groups to target Americans and noncitizens based on their political speech.
Official resource:
- Read the full complaint filing (131 pages) — Complete allegations under the Ku Klux Klan Act with evidence of alleged federal-private coordination
Table of Contents
- The Legal Strategy and Named Defendants
- Project Esther as the Alleged Blueprint
- How the Targeting Allegedly Worked
- Arrest, Detention, and Claimed Consequences
- What Khalil Is Seeking
- Frequently Asked Questions
The Legal Strategy and Named Defendants
The lawsuit names the Heritage Foundation, Canary Mission, Betar, and nine federal officials, including Senior Presidential Advisor Stephen Miller, Secretary of State Marco Rubio, Secretary of Homeland Security Markwayne Mullin, and Acting attorney general Todd Blanche. By invoking the Ku Klux Klan Act, Khalil's legal team argues that federal officials violated a statute designed to hold government accountable when it conspires with private actors to strip citizens or residents of their rights.
The Klan Act allows individuals to sue government officials who conspire with nongovernmental entities to deprive people of constitutional protections. It is rarely used in modern litigation but remains available for cases where a government agency and private organization allegedly coordinate to target a person or group.
Project Esther as the Alleged Blueprint
The Heritage Foundation created Project Esther, a framework published in October 2024, which the complaint describes as proposing a "public-private partnership" to weaken the pro-Palestinian movement. The project allegedly targeted non-citizen activists and conflated pro-Palestine speech with antisemitism and support for Hamas, providing a coordinated strategy for private groups and federal agencies to act in tandem.
Khalil's attorneys allege that Project Esther served as a blueprint: private surveillance groups would identify and list activists, while federal agencies would use that information to pursue arrests and removals. This coordination between private ideological targeting and government enforcement power is central to the Klan Act claim.
How the Targeting Allegedly Worked
Canary Mission and Betar, which monitor pro-Palestine advocates online, allegedly compiled lists of activists to target. A January 2025 Betar post reportedly named khalil as being on its "deport list" with the claim that immigration authorities knew his location.
According to the complaint, HSI official Darren McCormack testified he was instructed to conduct surveillance on Khalil based on "special interest" from the White House rather than any criminal investigation. This testimony forms the core of Khalil's evidence of coordination: private groups named a person as a deportation target, and federal officials then acted on that designation through their own channels, suggesting a shared plan rather than independent government action.
Arrest, Detention, and Claimed Consequences
ICE arrested Khalil on March 7–8, 2025, in New York after his Green Card was revoked, transferred him over 1,300 miles to Jena, Louisiana, and detained him for 104 days while his wife was pregnant. During his detention, she gave birth to their first child without him.
The lawsuit alleges the co-conspirators sought to "terrorize and make an example" of Khalil and other non-citizen Palestinian rights advocates to intimidate and weaken the pro-Palestine movement, using false accusations of terrorism without evidence. His arrest occurred six months after private groups named him as a target, and the complaint contends this timing and enforcement method show coordinated federal response to private targeting.
What Khalil Is Seeking
Khalil seeks unspecified monetary damages and a judicial order to end the alleged conspiracy, and has separately sought $20 million in compensation for what he describes as "irreparable harm" from his arrest and detention. The case remains in the U.S. District Court for the Southern District of New York; no court has yet ruled on the merits of his allegations.
Frequently Asked Questions
What is the Ku Klux Klan Act and why does Khalil's lawsuit use it?
The Klan Act, passed in 1871, allows individuals to sue government officials and private parties who conspire to deprive someone of constitutional rights through coordinated action. It was originally designed to stop government officials from working with vigilante groups. Khalil's attorneys argue that modern application fits: federal officials allegedly coordinated with private surveillance organizations to target him.
Has a court ruled on whether the lawsuit can proceed?
No court ruling on the merits has been reported. The case was filed July 14, 2026, and remains pending in the Southern District of New York.
What does the lawsuit prove about whether the targeting occurred?
The lawsuit contains allegations, not proven facts. A complaint states what the plaintiff claims but does not establish truth. The court must evaluate evidence and testimony to determine whether the alleged coordination actually happened.