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Judge blocks Trump administration’s attempt to deport Mahmoud Khalil on foreign policy grounds
A federal judge in New Jersey has ruled that the Trump administration cannot use a little-known immigration law to detain and deport Mahmoud Khalil, a Columbia University student and permanent U.S. resident, based on his pro-Palestine activism.
US District Judge Michael Farbiarz rejected the government’s justification under a 1952 immigration provision that allows deportation if a foreign national’s presence could cause serious adverse foreign policy consequences. The judge found this application violated Khalil’s right to free speech, noting that his detention caused “irreparable harm” to his reputation and career.
Although the judge did not order Khalil’s immediate release, he gave the government until Friday morning to appeal. If no appeal is filed, Khalil could be released on bail. Khalil was arrested in March at his Columbia University apartment, and his green card was subsequently revoked. He has been held in an immigration detention center in Louisiana.
The administration accused Khalil of anti-Semitism and supporting Hamas but has yet to provide any evidence publicly or in court. Critics argue that these accusations are a tactic to suppress pro-Palestine voices.
Khalil is simultaneously challenging his deportation in immigration court and contesting his detention via a federal habeas corpus petition, claiming violations of his civil rights. Unlike other students facing similar charges who have been released during their legal processes, Khalil’s case has faced delays.
In April, an immigration judge ruled Khalil deportable based on the State Department’s interpretation of the law, despite no evidence presented by Secretary of State Marco Rubio. Immigration judges belong to the executive branch and are seen as less independent than federal judges.
The Trump administration also claimed Khalil was not fully transparent on his green card application, a claim his lawyers deny. Judge Farbiarz described it as highly unusual for permanent residents to be detained on such grounds.