A federal judge on Wednesday ruled that the Trump administration cannot continue to detain former Columbia University student Mahmoud Khalil based on Secretary of State Marco Rubio's determination that he is a threat to American foreign policy goals.
But the judge, Michael Farbiarz of the U.S. District Court for New Jersey, gave the government until Friday to appeal his ruling. So it remains unclear when Khalil, who the government is trying to deport because of his pro-Palestinian activism, might be released from an immigration detention center in Louisiana. He's been held there since ICE agents arrested him in New York City in early March as part of President Trump's crackdown on student protesters.
Judge Farbiarz had already ruled last month that Secretary Rubio likely violated the Constitution when he stripped Khalil of his green card and ordered him deported.
Rubio relied on a rarely used federal immigration statute that gives the Secretary of State authority to deport someone if he personally determines they threaten "a compelling United States foreign policy interest." Rubio said Khalil's protests were antisemitic, and that allowing him to remain in the U.S. would undermine a U.S. goal of fighting antisemitism around the world.
Khalil and his lawyers have argued that the Trump administration is violating his right to free speech and retaliating against him for criticizing Israel's ongoing war in Gaza and speaking out for Palestinian rights.
In his ruling last month, Farbiarz said that Khalil is likely to prevail on those arguments when his challenge to his detention gets to trial. And on Wednesday he said Khalil's "career and reputation are being damaged" by his continued detention, as is his ability to engage in free speech.
"We are relieved that the court documented what was obvious to the world," Baher Azmy, one of Khalil's lawyers, said in a statement,"which is that the government's vindictive and unconstitutional arrest, detention and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm. We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation."
Judge Farbiarz suggested that he could order Khalil released as soon as Friday if the government does not appeal.
The Justice Department did not immediately respond to a question about whether it will.
In addition to detaining Khalil based on Rubio's decision, the government has also been trying to keep him detained on a separate civil charge in immigration court accusing him of committing fraud on his 2024 green card application. The government alleges he purposely left off details about his work history and his involvement with several organizations, including a UN refugee agency that helps Palestinians.
His lawyers have said those accusations are bogus. An immigration judge in Louisiana is considering them. But in his ruling, Farbiarz suggested those pending accusations may not stop him from setting Khalil free.
"Lawful permanent residents are virtually never detained" for the kind of omissions on a green card application that the government has accused Khalil of, Farbiarz wrote. "And that strongly suggests that it is the Secretary of State's determination that drives (Khalil's) ongoing detention."
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