A federal judge in New Jersey ruled that the Trump administration’s attempt to deport pro-Palestinian activist Mahmoud Khalil on foreign policy grounds is likely unconstitutional, but he remains detained. U.S. District Judge Michael Farbiarz expressed that Khalil is “likely to succeed” in contesting the administration’s claims that he poses a threat to U.S. foreign policy, labeling the rationale for his detention as “unconstitutionally vague.” The judge criticized the government’s reliance on a seldom-used immigration provision, indicating that Secretary of State Marco Rubio did not provide sufficient evidence linking Khalil’s actions to any adverse effects on international relations. Farbiarz emphasized that deporting Khalil would be unprecedented.
Khalil’s legal team reacted to the ruling, alleging that the government’s actions are reminiscent of punishing individuals for their political beliefs, calling his ongoing detention an “affront to justice.” They plan to continue fighting for his release, while the Justice and State departments did not comment on the matter.
This ruling marks the first time a federal judge has evaluated the constitutionality of the Trump administration’s application of this immigration provision. Farbiarz has requested more information from Khalil’s lawyers regarding their appeal for his release and to prevent similar actions against other critics of Israel or advocates for Gaza during the case.
Although Khalil’s attorneys denied allegations of supporting terrorism, they have not yet effectively countered claims that he withheld information from his residency application. Sorority Khalil was apprehended at his Columbia University apartment as part of a broader crackdown on foreign students viewed as threats to U.S. policy. The ruling comes amid a series of federal court decisions ordering the release of other pro-Palestinian activists from detention.
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