A federal judge has ruled that Mahmoud Khalil, a Columbia University activist, can continue to be detained under the Trump administration’s authority, rejecting his request for release.
Judge Michael Farbiarz of the U.S. District Court for New Jersey announced on Friday that Khalil would remain in Immigration and Customs Enforcement (ICE) custody, provided that his detention is not based on a determination by Secretary of State Marco Rubio that he poses a national security threat.
In his ruling, Judge Farbiarz stated, “To the extent the Petitioner requests relief from this Court, the request is denied.”
The ruling followed the Justice Department’s argument that while Khalil cannot be detained solely based on Rubio’s determination, he can still be held for other immigration-related reasons.
The DOJ officials clarified, “The Court instead enjoined Respondents from detaining Khalil ‘based on the Secretary of State’s determination.’ That injunction does not interfere with Respondents’ authority to detain Khalil on other grounds.”
Brett Max Kaufman, a senior staff attorney for the American Civil Liberties Union (ACLU) representing Khalil, criticized the government’s actions, stating it is an attempt to delay justice.
Kaufman expressed, “The government practically never holds people in detention on a charge like this, and it’s clear that the government is doing anything they can to punish Mahmoud for his speech about Palestine. We will not stop until he’s home with his family.”
Secretary Rubio had issued a memo in April justifying Khalil’s removal, citing an obscure provision of the Immigration and Nationality Act of 1952. This provision allows for the deportation of noncitizens if their presence is deemed to potentially result in adverse foreign policy consequences for the United States.
In his memo, Rubio argued that allowing Khalil, a vocal protester against the war on Gaza, to remain in the U.S. would create a hostile environment for Jewish students.
However, Judge Farbiarz ruled that the grounds cited for Khalil’s detention are insufficient and likely unconstitutional. He stayed the preliminary injunction until 9:30 a.m. on Friday to provide the government with time to appeal.
By Friday morning, Khalil’s legal team had filed a letter requesting an immediate release, stating, “The Government has not filed a notice of appeal of this Court’s Order by the Court-ordered deadline for the preliminary injunction to be in effect.”
Khalil, who grew up in a Palestinian refugee camp in Syria and attained permanent U.S. resident status, became a prominent figure in pro-Palestinian activism at Columbia University.
He was arrested in March outside his student housing and has been detained since. The Trump administration accused him of leading activities aligned with Hamas, a designated terrorist organization, despite no criminal charges being brought against him.
The Department of Homeland Security has suggested that Khalil glorifies and supports terrorists, accusations he has vehemently denied in a recent declaration, calling them “grotesque and false.”
“These were not just attacks on my character; they were efforts to erase my humanity,” Khalil stated in his legal filing.
While facing detention, Khalil also welcomed a newborn son during his confinement, which has only compounded his struggles. His wife, Dr. Noor Abdalla, gave birth last April, and Khalil’s requests to be present for the birth were denied by ICE.
Khalil reflected on his experience, saying, “The most immediate and visceral harms I have experienced directly relate to the birth of my son, Deen. Instead of holding my wife’s hand in the delivery room, I was crouched on a detention center floor, whispering through a crackling phone line as she labored alone.”
Further complicating his situation, ICE rejected a request to transfer Khalil to a detention facility closer to his family without providing any explanation. According to ICE’s own policies, noncitizen parents or legal guardians who are primary caregivers should be detained near their children.
“ICE’s directive recognizes that the government should have no role in destroying the family unit, and yet that is exactly what is happening here,” stated Nora Ahmed, legal director of the ACLU of Louisiana, which is part of Khalil’s legal team.
Khalil met his son for the first time just last month, shortly before an immigration hearing, according to his attorneys.
His case has garnered widespread support from pro-Palestinian activists and advocates for free speech, resulting in protests across the nation. Recently, a group of celebrities, including comedian Mo Amer and actors Mark Ruffalo and Mahershala Ali, joined forces to read a letter Khalil wrote to his son ahead of Father’s Day.
Khalil’s plight further underscores the complexities surrounding issues of immigration, national security, and free speech in the current political climate.
image source from：https://www.nbcnews.com/news/us-news/government-wont-release-mahmoud-khalil-rcna212889
