Mahmoud Khalil Cannot Be Detained or Deported, Judge Rules
By Dan Gooding and Gabe Whisnant
Politics Reporter
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New Jersey District Court Judge Michael Farbiarz has granted Mahmoud Khalil's request for a preliminary injunction, temporarily blocking federal officials from deporting him.
The judge said in his Wednesday filing that he had granted the Columbia University graduate's request for a preliminary injunction, stating Khalil could not be detained based on Secretary of State Marco Rubio's determination that his actions as a pro-Palestinian activist went against U.S. foreign policy.
"The Respondents have not contested the evidence put forward by the Petitioner, and in light of that the Court finds as a matter of fact that the Petitioner's career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm," Farbiarz wrote.
The government has been given until 9:30 a.m. on Friday, June 13, to file its response.
Why It Matters
Khalil's detention on March 8 marked the beginning of increased enforcement action by the Trump administration against foreign students who had taken part in pro-Palestinian protests on college campuses. While others detained have been released, Khalil remained in custody, missing the birth of his first child.
Mahmoud Khalil
Mahmoud Khalil is seen at a pro-Palestinian protest encampment on the Columbia University campus in New York, April 29, 2024. Associated Press
What To Know
Judge Farbiarz said in his filing Wednesday that Khalil could be released by U.S. Immigration and Customs Enforcement (ICE) detention in Louisiana as soon as Friday morning, because of the injunction.
His release, and leave to remain in the U.S. for now, will only be able to happen if the Trump administration does not seek appellate review, and if Khalil can post a $1 bond.
Farbiarz appeared to agree with Khalil's claims that he had lost work over his detention, that his speech had been chilled as a result of it, and his reputation damaged.
The judge also said that Khalil had no criminal history, and the administration had not provided any evidence to the contrary.
The Department of Homeland Security (DHS) has said that Khalil failed to accurately complete his application for his green card, and that this could be a reason for permanent resident status being revoked.
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Farbiarz said that may lead to Khalil being detained again, but that this was unlikely as lawful permanent residents were "virtually never detained pending removal" for something as small as a form error.
"And that strongly suggests that it is the Secretary of State's determination that drives the Petitioner's ongoing detention — not the other charge against him," the judge wrote.
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