NEW YORK — A federal judge has determined not to release Palestinian activist Mahmoud Khalil from a detention center, despite halting the Trump administration’s attempt to deport him. U.S. District Judge Michael Farbiarz stated that Khalil, a former student at Columbia University, has not yet sufficiently demonstrated that his detention is illegal.
This decision marks a setback for Khalil, who was detained in March. He was on the verge of winning his freedom after Judge Farbiarz ruled that the government’s initial attempt to deport him based on foreign policy was potentially unconstitutional. The judge had initially provided the Trump administration until Friday morning to appeal this order, which may have led to Khalil’s release.
However, the government submitted legal documents asserting that it could continue detaining Khalil by using a different rationale: he allegedly provided false information on his green card application. In his ruling, Farbiarz, who is based in New Jersey, noted that Khalil’s legal team had not presented adequate evidence to prove that detention on these grounds was unlawful. The judge suggested that Khalil might consider requesting bail from an immigration judge in Louisiana.
Amy Greer, one of Khalil’s attorneys, criticized the administration’s legal maneuvers as “cruel, transparent delay tactics” aimed at keeping Khalil apart from his family. “Instead of celebrating together, he is languishing in ICE detention as punishment for his advocacy on behalf of his fellow Palestinians,” she remarked, adding that the situation was “unjust, shocking, and disgraceful.”
Khalil has denied any wrongdoing on his green card application. In a recent filing, he argued that he had not been employed by, nor served as an officer for, the United Nations Relief and Works Agency for Palestine Refugees, as claimed by the administration. Instead, he completed an approved internship related to his studies. Khalil also mentioned that he left his position at the British Embassy in Beirut in December 2022 before relocating to the U.S., despite contrary claims from the administration.
Khalil’s legal team had petitioned for his release earlier on Friday, indicating that he adhered to all court requirements and that the government failed to meet a deadline to contest the judge’s prior ruling. As part of their advocacy, the American Civil Liberties Union, representing Khalil, released a video featuring actors like Mark Ruffalo and Mahershala Ali reading a poignant letter Khalil wrote to his newborn son from jail before his first Father’s Day.
During the reading, Tom Morello, guitarist of Rage Against the Machine, voiced, “One day you might ask why people are punished for standing up for Palestine. These are hard questions, but I hope our story shows you this: The world needs more courage, not less. It needs people who choose justice over convenience.”
Khalil was taken into custody on March 8 in his Manhattan apartment building due to his involvement in pro-Palestinian demonstrations. His arrest marked the first under President Donald Trump’s initiative to target students who participated in campus protests regarding the Gaza war. U.S. Secretary of State Marco Rubio stated that Khalil’s expulsion was necessary to prevent potential harm to American foreign policy.
Khalil’s attorneys argue that the Trump administration is impinging on free speech, noting that Khalil is not charged with any legal violations stemming from the Columbia protests. As an international affairs graduate student, he acted as a negotiator and spokesperson for student demonstrators. Although he wasn’t among those apprehended during the protests, his active participation and public visibility made him a prominent target.
The administration has maintained that noncitizens involved in such protests should be deported, deeming their views anti-Semitic and harmful to the nation’s interests.