While the Department of Homeland Security said in a court filing Thursday that Khalil was detained without an arrest warrant, it argued that “exigent circumstances” mandated such action.

“The supervisory agent asked the respondent to cooperate while they attempted to verify his identity, but the respondent stated that he would not cooperate and that he was going to leave the scene. The HSI supervisory agent believed there was a flight risk and arrest was necessary. At that time, the respondent’s wife had returned to the scene. The supervisory agent verbally informed the respondent that he was under arrest,” the filing said.

Khalil’s lawyers said in their legal filings that a warrant was necessary for his detention, in a bid to have the case to deport him dismissed. They also said he was not a flight risk and cooperated with law enforcement.

In response to a report about the filing from the DHS, the agency posted on X that there is “no legal basis” for Khalil’s lawyers’ position.

“No. Khalil was encountered by ICE officers and identified as a removable alien. When he tried to walk away, he was arrested. An administrative arrest warrant was executed at the time of his booking, as is custom. Khalil is arguing in immigration court that an arrest warrant is necessary prior to the arrest of a removable alien. There’s no legal basis for that position,” the DHS said in a post on X.

JUDGE RULES TRUMP ADMINISTRATION CAN DEPORT COLUMBIA STUDENT MAHMOUD KHALIL

Khalil is one of many foreigners on student visas who engaged in anti-Israel campus activity and have since had their visas revoked by the Trump administration. The government temporarily restored over 1,500 student visas Friday as it faces over 100 lawsuits over the matter.

Earlier this month, a U.S. immigration judge ruled that Khalil is eligible to be deported and allowed the proceedings to continue, finding the government “established by clear and convincing evidence that he is removable.”