Judge: Trump Admin Can't Hold or Deport Mahmoud Khalil 'On Rubio's Say-So'

The Trump administration cannot detain or deport former Columbia University student and Palestinian solidarity advocate Mahmoud Khalil over the claim that he poses a threat to U.S. foreign policy, a federal judge ruled on Wednesday.

"The court finds as a matter of fact that [Khalil's] career and reputation are being damaged and his speech is being chilled—and this adds up to irreparable harm," U.S. District Judge Michael Farbiarz of New Jersey wrote in his preliminary injunction.

While judges have ordered the release of other noncitizen student protesters detained by the Trump administration, the ruling marks the first from a federal court to state that the administration cannot deport or detain noncitizens by arguing they pose a threat to foreign policy under the Immigration and Nationality Act, the American Civil Liberties Union (ACLU) of New York said in a statement.

"Today's ruling is a huge win for the Constitution and the rights of citizens and noncitizens alike."

"This is the news we've been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen," Noor Abdalla, Khalil's wife, said in response. "True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has."

Khalil, a green card holder married to a U.S. citizen, has been held in a detention facility in Louisiana since he was seized by Immigration and Customs Enforcement agents from his New York City home in early March, missing the birth of his son. He has not been charged with any crime.

Instead, Secretary of State Marco Rubio argued that Khalil's participation in student Palestine solidarity protests threatened U.S. foreign policy interests, citing Section 1227 of the U.S. Code.

Farbriarz determined late last month that Rubio's argument was "likely" unconstitutional, but stopped short of granting Khalil a preliminary injunction releasing him from detention. Since then, Khalil's legal team filed new evidence detailing the "irreparable harm" he has experienced due to his detention.

"We are relieved that the court documented what was obvious to the world, which is that the government's vindictive and unconstitutional arrest, detention, and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm," said Baher Azmy, legal director of the Center for Constitutional Rights—one of the organizations involved in Khalil's defense. "We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation."

Brett Max Kaufman, a member of Khalil's legal team and senior counsel in the ACLU's Center for Democracy, said: "Today's ruling is a huge win for the Constitution and the rights of citizens and noncitizens alike. No one should be imprisoned or deported for their political beliefs, and the three months that Mahmoud has spent in detention are an affront to the freedoms that this country is supposed to stand for."

Fellow legal team member Ramzi Kassem, the co-founder and director of CLEAR, said, "This vindicates what Mahmoud has maintained since day one—that the government cannot detain or deport him based on Rubio's say-so."

Nihad Awad, executive director of the Council on American-Islamic Relations, said: "We welcome this ruling as yet another example of our nation's judicial system pushing back against the Trump administration's unconstitutional effort to silence all those who speak out against Israel's genocide in Gaza, and against our government's unconscionable complicity with that genocide. Mahmoud Khalil's unlawful and cruel detention deprived him of his liberty and of being with his wife when she gave birth to their first child. This government's war on First Amendment rights must be challenged by all Americans who value free speech and the Constitution."

Yet while Farbiarz's injunction offers hope to Khalil and his supporters, it does not yet guarantee Khalil's freedom. Farbiarz gave the administration until 9:30 am Friday morning to appeal the ruling, after which time it would take effect.

There is a potential opening for the administration to continue to fight Khalil's release.

As Farbiarz noted, the Trump administration also alleges that Khalil falsified his green card application by omitting his previous work at the Syria Office at the British Embassy in Beirut and with the United Nations Relief and Works Agency for Palestine Refugees. However, the judge argued that it was unlikely that this was the underlying cause for Khalil's detention.

"The evidence is that lawful permanent residents are virtually never detained pending removal for the sort of alleged omissions in a lawful-permanent-resident application that the petitioner is charged with here. And that strongly suggests that it is the secretary of state's determination that drives the petitioner's ongoing detention—not the other charge," Farbiaz wrote in granting the injunction.

Still, The New York Times reported that it was "not clear that [Khalil] would be released on Friday if the government were to argue that those allegations were, in fact, the reason for his detention."

Khalil's legal team and family vowed to keep working for his release.

"Today was the first step to justice, but we will not stop fighting until Mahmoud is home with his wife and child," Dratel & Lewis associate Amy Greer said.

Noor Abdalla concluded, "I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father's Day at home in New York with Deen in his arms."