
As protesters gather at Ervan Chew Park in Houston, Texas, on June 8, 2025 for a demonstration against Trump immigration policies and mass deportations, a protester holds a sign that reads, ''Free Mahmoud Khalil."
Judge: Trump Admin Can't Hold or Deport Mahmoud Khalil 'On Rubio's Say-So'
"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," his wife, Noor Abdalla, said.
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."
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
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."
- 'This Felt Like a Kidnapping Because It Was': Family of Mahmoud Khalil Releases Arrest Video ›
- Experts Warn Trump Legal Claims for Mahmoud Khalil Arrest Portend Rise of Fascist Police State ›
- Mahmoud Khalil Is Not a Threat; the Trump Administration Is ›
- Democracy for Some 'Is No Democracy at All,' Writes Mahmoud Khalil From ICE Detention ›
- 'Free Mahmoud Khalil': Progressives Demand Release of 'Disappeared' Columbia Grad ›
- Judge Rules Trump Admin's Detention of Mahmoud Khalil 'Likely' Unconstitutional ›
- Opinion | 'There Is No Law': Scenes From a Houston Immigration Court in Trump's America | Common Dreams ›
- New 'Thought Policing' Bill May Let Rubio Strip Passports from US Citizens Over Political Speech | Common Dreams ›
- Slamming 'Fascist Tactics' of Trump, Mahmoud Khalil Fights Judge's Deportation Decision | Common Dreams ›
- Opinion | 'I Was the Test Case': Mahmoud Khalil Decides to Stay and Fight | Common Dreams ›
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."
- 'This Felt Like a Kidnapping Because It Was': Family of Mahmoud Khalil Releases Arrest Video ›
- Experts Warn Trump Legal Claims for Mahmoud Khalil Arrest Portend Rise of Fascist Police State ›
- Mahmoud Khalil Is Not a Threat; the Trump Administration Is ›
- Democracy for Some 'Is No Democracy at All,' Writes Mahmoud Khalil From ICE Detention ›
- 'Free Mahmoud Khalil': Progressives Demand Release of 'Disappeared' Columbia Grad ›
- Judge Rules Trump Admin's Detention of Mahmoud Khalil 'Likely' Unconstitutional ›
- Opinion | 'There Is No Law': Scenes From a Houston Immigration Court in Trump's America | Common Dreams ›
- New 'Thought Policing' Bill May Let Rubio Strip Passports from US Citizens Over Political Speech | Common Dreams ›
- Slamming 'Fascist Tactics' of Trump, Mahmoud Khalil Fights Judge's Deportation Decision | Common Dreams ›
- Opinion | 'I Was the Test Case': Mahmoud Khalil Decides to Stay and Fight | Common Dreams ›

