A federal judge has ordered Mahmoud Khalil to be released from federal immigration custody, marking a significant victory in a case that has garnered national attention. Khalil's detention began over three months ago when immigration agents arrested him as part of President Trump's aggressive crackdown on pro-Palestinian protesters.
During a phone hearing on Friday, Judge Michael Farbiarz of the U.S. District Court for New Jersey characterized the government's efforts to continue detaining Khalil as "highly, highly, highly unusual." In his recent ruling, Judge Farbiarz indicated that Khalil's arrest and detention for his pro-Palestinian activism at Columbia University likely violated constitutional rights. "There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish Mr. Khalil," Farbiarz stated, deeming such actions unconstitutional.
This ruling is particularly important as Khalil stands out as the last noncitizen student still held in federal custody among several individuals arrested by the Trump administration due to their campus activism. Khalil, a legal permanent resident, is married to a U.S. citizen, and their first child was born in April while he remained detained.
Alina Das, one of Khalil's attorneys, expressed her relief, stating, "No one should fear being jailed for speaking out in this country. We are overjoyed that Mr. Khalil will finally be reunited with his family while we continue to fight his case in court." This statement underscores the broader implications of the case regarding free speech and activism in the United States.
Following Judge Farbiarz's order, a Justice Department lawyer requested a delay of one week for Khalil's release, allowing the government time to appeal the decision. However, Judge Farbiarz denied this request, although he did impose certain conditions on Khalil's freedom. While he did not consider Khalil a flight risk, the judge required him to surrender his Algerian passport as his case progresses through the courts.
Since his arrest on March 8 at his New York apartment, Khalil has been held at an immigration detention center in Jena, Louisiana. The arrest was initiated by ICE agents after Secretary of State Marco Rubio personally ordered his deportation, claiming that Khalil's activism posed a threat to U.S. foreign policy goals, particularly in combating antisemitism. Notably, the government has failed to provide evidence supporting these claims and has not charged Khalil with any criminal offenses.
Khalil is set to be released on bail while the challenge to his deportation continues in federal court. This case remains a developing story, and further updates will be provided as new information emerges.
