A federal judge has denied the request for Mahmoud Khalil to be released from detention, ruling on Friday that the U.S. government is not violating a previous court order by continuing to hold him. In a significant decision, Judge Michael Farbiarz concluded that Mr. Khalil's detention does not contravene his earlier ruling, which had previously placed limitations on the conditions under which he could be held.
On Wednesday, Judge Farbiarz determined that Mr. Khalil could not be deported or detained solely based on the assertion by Secretary of State Marco Rubio that his presence in the U.S. would compromise a compelling U.S. foreign policy interest. However, the government countered that Mr. Khalil is being held for a different reason: his status as an alien deemed inadmissible at the time of his entry into the United States.
Acknowledging the government's argument, Judge Farbiarz ruled that Mr. Khalil, who is a lawful permanent resident, must remain in detention. In a letter submitted to the court on Friday, the Justice Department highlighted that Judge Farbiarz explicitly noted that his order would not affect the government's efforts to remove Mr. Khalil for reasons unrelated to the Secretary of State's determination.
The government has maintained that Mr. Khalil is being detained not only due to concerns over U.S. foreign policy but also because of alleged inaccuracies in his application for permanent residency. In response to the government's assertions, Judge Farbiarz agreed that Mr. Khalil has not provided sufficient factual evidence or meaningful legal arguments against his detention regarding these immigration charges. He mentioned that while it is unlikely the government would detain anyone solely for alleged inaccuracies on an application, the primary basis for Mr. Khalil's detention is indeed the Secretary’s determination.
Mr. Khalil's arrest in March gained national attention as part of former President Donald Trump's crackdown on international student protesters. The incident sparked widespread outrage, particularly as video footage of his arrest circulated on social media. Mr. Khalil's situation drew further attention when he became a father in April while still in detention.
Born in Syria to Palestinian refugees, Mr. Khalil relocated to the U.S. in 2022, earning a master’s degree from Columbia University and marrying an American citizen, Noor Abdalla. In light of the judge's recent decision, his attorney, Amy Greer, criticized the government for employing what she termed "cruel, transparent delay tactics" aimed at keeping Mr. Khalil away from his wife and newborn son, particularly as they approach their first Father's Day together.
Greer claimed that instead of celebrating with his family, Mr. Khalil is enduring unjust punishment for advocating on behalf of his fellow Palestinians. She described the situation as "shocking and disgraceful." The Immigration and Customs Enforcement (ICE) agency continues to face scrutiny over its treatment of detainees, particularly those involved in political activism.
President Trump has consistently alleged that pro-Palestinian activists, including Mr. Khalil, support Hamas, a group designated as a terrorist organization by the U.S. government, and has pledged to deport such individuals. In his defense, Mr. Khalil asserts that he was merely exercising his right to free speech while demonstrating in support of Palestinians in Gaza.
In his Wednesday ruling, Judge Farbiarz expressed concern over the repercussions of Mr. Khalil’s detention on his career and reputation, noting that his speech is being "chilled," which contributes to irreparable harm. He indicated that he expects Mr. Khalil to ultimately prevail in his legal battles, emphasizing the critical nature of free speech in a democratic society.
