Federal Judge Rules Anti-Israel Activist Mahmoud Khalil Cannot Be Deported Or Detained By Trump Admin
A federal judge ruled on Wednesday that the Trump administration cannot deport or continue holding Mahmoud Khalil, a controversial anti-Israel activist, in detention.
Judge Michael Farbiarz of the U.S. District Court in New Jersey issued a preliminary injunction blocking federal authorities from removing Khalil from the United States. According to court records reviewed by The Post, Farbiarz found that the administration’s justification — that Khalil’s presence threatened U.S. foreign relations — did not meet the legal threshold required to proceed.
In his ruling, Farbiarz instructed that Khalil, who is a lawful permanent resident, should be released from custody as early as Friday. The judge noted that holding him any longer would inflict lasting damage on his professional life, his family, and his constitutional rights.
Federal authorities, specifically the Department of Homeland Security, now have until Friday morning to submit an appeal to contest the ruling.
Khalil, a 30-year-old Palestinian national born in Syria and a holder of an American green card, was apprehended by Immigration and Customs Enforcement in March. Agents took him from his Columbia University-funded apartment in Manhattan amid a broader federal crackdown on anti-Israel campus protests.
After his arrest, Khalil was transferred to a migrant detention facility in Louisiana — far from his legal counsel and his U.S. citizen wife, who gave birth to their first child while he was still behind bars.
Federal officials under the Trump administration have accused Khalil, who holds dual citizenship with Algeria, of being tied to extremist groups. They allege he represented organizations like Columbia University Apartheid Divest, whose activism was said to reflect the ideology of Hamas, the terrorist organization based in Gaza.
The group was also linked to the forcible occupation of Columbia’s Hamilton Hall during campus unrest earlier this year.
“When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, take over buildings and deface property, that privilege should be revoked, and you should not be in this country,” DHS Assistant Secretary Tricia McLaughlin said following the court’s decision.
Attorneys for Khalil have been challenging his arrest on two fronts — in immigration court and through a separate case in federal court in New Jersey. They argue that his detention violates the First Amendment, asserting that Khalil is being punished for his political views.
To justify deportation, ICE and DHS cited a rarely used provision that gives the Secretary of State authority to expel foreign nationals deemed harmful to U.S. foreign policy objectives.
Secretary of State Marco Rubio has taken a firm position, asserting that Khalil’s continued presence contradicts “US policy to combat antisemitism” and fuels antisemitic demonstrations that make college campuses unsafe for Jewish students.
Rubio has also emphasized that the administration possesses legal power to remove individuals whose actions are seen as detrimental to the country’s international interests.
Although an immigration judge in Louisiana had previously approved Khalil’s deportation based on Rubio’s statements, Judge Farbiarz placed a temporary hold on the removal while the federal court reviewed the matter.
Following the latest ruling, the White House issued a statement standing by Rubio’s earlier assessment.
“While in the United States, Khalil has consistently engaged in conduct detrimental to American foreign policy interests including ongoing support for Hamas and harassment of Jewish students on campus,” spokesperson Abigail Jackson said. “The law authorizes the Secretary of State to revoke green cards of individuals who pose a threat to American foreign-policy interests.”
Both the Department of Homeland Security and the White House made clear they intend to challenge the decision.
“The district court order, entered without jurisdiction, will not be the final word,” Jackson said.
“We expect a higher court to vindicate us in this. We have the Constitution, the facts, and common sense on our side,” added McLaughlin.
{Matzav.com}