Judge rules effort to deport Mahmoud Khalil likely 'unconstitutional'
May 29 (UPI) -- A federal judge in New Jersey ruled Wednesday that the Trump administration's efforts to deport Palestinian activist Mahmoud Khalil are most likely unconstitutional but did not set him free from custody.
U.S. District Judge Michael Farbiarz wrote that Khalil, who was arrested in March by Immigration and Customs Enforcement with the intention of eventual deportation, was likely to win his case "on his vagueness challenge related to the Secretary of State's determination."
Khalil's legal team argued on his behalf that the reasons to detain him violated the 14th Amendment's Due Process Clause, due to unconstitutional vagueness. According to Farbiarz's ruling, vagueness doctrine requires a law be clear enough that people understand the consequence should it be broken, and to block the use of laws that are so broad they bend the separation of governmental powers.
In his conclusion, Farbiarz wrote that Khalil is "likely to succeed on the merits of his claim that Section 1227 is unconstitutional as applied to him," with Section 1227 being federal code for what makes a person a "deportable alien."
Khalil has been detained for deportation based on allegations that his application for lawful permanent residence was inaccurate, and because U.S. Secretary of State Marco Rubio determined that Khalil being in the United States compromises "a compelling U.S. foreign policy interest."
However, the judge also determined that Khalil "is not likely to succeed" in his case in regard to his purported failure to complete his lawful permanent resident application correctly.
Federal officials allege that although Khalil did apply federally to become a lawful permanent resident, he didn't answer certain questions accurately, which can allow the federal government to remove an individual as per laws that pertain to "inadmissible aliens."
Khalil remains in custody as the judge considers whether his assertion that his detention has caused him "irreparable harm," and has requested his legal team provide additional evidence of such before he considers his release.
ICE arrested Khalil, a Palestinian refugee raised in Syria and former Columbia University graduate student, in March for having allegedly "led activities aligned to Hamas," in relation to his on-campus pro-Palestinian activism. He was the lead student negotiator of an encampment on the campus in 2024 when Columbia was the center of nationwide student protests held against Israel's war in Gaza.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
an hour ago
- Yahoo
Two people rescued from small plane crash in Long Island Sound
June 1 (UPI) -- Crews rescued two people aboard a small plane that crashed into Long Island Sound Sunday near a Connecticut airport, according to the FAA and U.S. Coast Guard. The Piper PA-32 plane went down about 10:30 a.m. south of the Tweed New Haven Airport in New Haven, a statement from the FAA said. "The two persons onboard the aircraft were rescued and in stable condition," the Coast Guard said in a statement, according to ABC News. The Coast Guard dispatched a 45-foot New Haven-based rescue boat to the scene after the Sector Long Island Sound Command Center received notification of the incident from the air traffic control tower that the plane had gone down near the Thimble Islands close to Branford, Ct. The rescued passengers were taken to the Stony Creek Pier in Branford, the Coast Guard said. The FAA is investigating the incident.
Yahoo
2 hours ago
- Yahoo
Legislature OKs bill requiring sheriffs to partner with federal authorities to enforce immigration laws
AUSTIN (Nexstar) — The Texas legislature gave the final approval of Senate Bill 8, which will require almost every single county in the state to partner with U.S. Immigration and Customs Enforcement (ICE) to enforce federal immigration laws. It's a move supporters say will keep Texans safe while aligning the state with the Trump administration on strict immigration enforcement. Opponents argue it could lead to overcrowding in jails, a chilling effect on reporting crimes, and racial profiling in minority communities. After going through various changes throughout the legislative process, lawmakers in both chambers finally came to an agreement on the final language of the bill a day before a deadline that would have killed the bill before getting to the governor's desk. SB 8 would require every sheriffs department in a county that operates a jail, or contracts with a private jail, to enter into an agreement with ICE known as 287(g). Currently in Texas there are 234 counties that this bill applies to, according to the bill's author State Sen. Charles Schwertner, R-Georgetown. 'Texas needs to be much more proactive in identifying, detaining, prosecuting and deporting criminal illegal aliens,' Schwertner said. The 287(g) program allows sheriff's deputies to assume some ICE duties, like questioning migrants, issuing warrants or arresting them for immigration violations, depending on their specific training. There are three models within the 287(g) program a law enforcement agency can enter into. They include: Jail Enforcement Model – allows officers to question people to determine immigration status, put their information into a Homeland Security database, take statements and begin the deportation process with an immigration detainer and notice to appear. Warrant Service Officer – a narrower scope than jail enforcement, with officers identifying people as non-citizens during the booking process, referring those people to ICE for evaluation and possible deportation, and serving ICE administrative warrants on people in their custody, according to the ACLU. Task Force Model – described by ICE as a 'force multiplier,' allowing local officers to enforce immigration laws during their routine duties in the community. The final version of the bill gives discretion to sheriffs to decide which of the three models it will enter into with ICE. Sheriffs could decide to enter into more than one type of model, but it is not required to have more than one. It also provides a grant program to help counties cover the cost of training staff or operating the program. The grant amount ranges between $80,000 and $140,000 depending on the size of the county. In laying out the bill on the Senate floor, Schwertner said it sends a clear message. 'Texas will not tolerate criminal illegal aliens threatening our communities,' Schwertner said. But Democratic members in the Senate raised concerns with the bill. It passed along party lines in the Senate. Opponents of the 287(g) program have argued the incorporation of local law enforcement in federal immigration enforcement will lead many people to not call in the case of emergency out of fear it could lead to them or their family being deported. 'That's an issue that I have, that we're going to potentially drive immigrants into the shadows, and you know, make them victims, or have them a bull's eye of potential crimes,' State Sen. José Menéndez, D – San Antonio, said to Schwertner on the Senate floor. Schwertner argued it would not prevent lawfully present citizens from calling the police in an emergency. 'The people of the United States and of Texas spoke very clearly last November regarding their concerns of illegal immigration and the concerns of criminal illegal aliens doing great harm to communities,' Schwertner said. But Menéndez pointed there are some families with mixed status, where the parents may not lawfully be in the country but their children are. 'If people understand that that family, there's an undocumented person, they have a target now, because people know, well, they won't call the police because there's an undocumented person in that household,' Menéndez explained. Another concern is the capacity in Texas jails. The 287(g) program would require counties place an immigration detainer on an inmate that is deemed to be in the country illegally. Opponents argue this would be costly for counties to hold on to somebody in the jail and wait for federal immigration officials to pick them up. There's also an issue of space. According to data from the Texas Commission on Jail Standards, between January and February this year there were 7,481 inmates in Texas jails with an immigration detainer placed on them. Those inmates spent a total of 156,494 days in jail, which averages out to about 21 days per inmate in jail. The total cost to the state is estimated to be more than $14 million, according to the data. 'What are we going to do when these jails must have a 287(g) agreement with the federal government to hold people who are not rapists, murderers or people who have been involved in aggravated assault, they are just people who are not here legally,' State Sen. Sarah Eckhardt, D – Austin, said to Schwertner on the Senate floor. 'They are criminals, in the sense they are illegal aliens. The program does allow for expedite transfer to ICE to properly adjudicate those individuals,' Schwertner responded. Many opponents to the bill have pointed out concerns with the task force model within the 287(g) program. That model, as Schwertner explained, allows non-federal law enforcement, such as sheriff's deputies, to enforce immigration laws within the community as opposed to inside a jail. Some believe it will lead to racial profiling in minority communities. 'Are you not afraid of the potentiality for racial profiling by police if they see what presumably looks like Mexican or Hispanic people in a truck that they will not be pulled over simply because of the color of their skin,' State Sen. Roland Gutierrez, D-San Antonio, asked Schwertner. Schwertner agreed racial biases do exist in the world, but argued the sheriffs department and ICE would have oversight on who they place in a task force model. 'Through the 287(g) program task force model, there is training to address the concerns of racial profiling, there are procedures,' Schwertner said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Newsweek
3 hours ago
- Newsweek
Political Leaders React to Colorado 'Terror' Attack—'Horrifying'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Political leaders condemned an alleged "terror attack" in Boulder, Colorado, on Sunday, after a male suspect allegedly threw bottles of flammable liquid at people. "My thoughts are with the victims of the horrifying terror attack that occurred this afternoon in Boulder. Hate and violence of any kind will not be tolerated in Colorado," Senator Michael Bennet, a Colorado Democrat, wrote on X, formerly Twitter. "I will remain in contact with local officials as new information becomes available." The Context The FBI quickly said the attack in Boulder was being investigated as terrorism on Sunday, although local police initially said they had not yet made that determination. The attack reportedly came as peaceful demonstrators protested in support of freeing Israeli hostages who continue to be held by Hamas amid the ongoing war in Gaza. The ongoing Israel-Hamas war was sparked by an October 7, 2023, attack led by Hamas and allied Palestinian factions against Israel, resulting in the deaths of around 1,200 people and the abduction of 251. Today, around 58 people, fewer than half of whom are believed to still be alive, remain captive in Gaza. Over 54,000 people have died in Gaza, according to the Hamas-led Palestinian Health Ministry in the war-torn territory amid Israel's subsequent military campaign. The area where Sunday's attack occurred, known as Pearl Street Mall, attracts visitors and locals with its shops and restaurants. It is also the site of many local performances and demonstrations. What To Know Several people are injured after the attack, according to local law enforcement. The extent of the injuries have not been confirmed, but local law enforcement said they ranged from minor to more severe, and that the suspect was injured as well. The Federal Bureau of Investigation (FBI) said Sunday that it is investigating a "targeted terror attack" in Boulder, according to FBI Director Kash Patel in a post on X. "We are aware of and fully investigating a targeted terror attack in Boulder, Colorado. Our agents and local law enforcement are on the scene already, and we will share updates as more information becomes available," he wrote. Deputy FBI director Dan Bongino also posted to X, saying the attack was being probed as an "act of terror." "All of the necessary assets will be dedicated to this investigation. If you have any investigative tips please contact the FBI. And if you aided or abetted this attack, we will find you. You cannot hide," Bongino wrote. Local law enforcement said during a Sunday afternoon press conference that the scene was contained and that a suspect was in custody. They did not release the individual's identity or share information about a motive. While they noted that they'd been in touch with the FBI, they said they had not yet determined it was a terrorism. Images from the scene of the attack showed an Israeli flag on the ground. The organization Run for Their Lives, which demonstrates peacefully for Israeli hostages held by Hamas, was holding an event in the location when the attack occurred. Colorado Governor Jared Polis (left) addresses a crowd at CS Wind on November 29, 2023, in Pueblo, Colorado. Senator Michael Bennet, a Colorado Democrat, leaves the U.S. Capitol on July 11, 2024, in Washington, D.C. Colorado Governor Jared Polis (left) addresses a crowd at CS Wind on November 29, 2023, in Pueblo, Colorado. Senator Michael Bennet, a Colorado Democrat, leaves the U.S. Capitol on July 11, 2024, in Washington, D.C. Michael Ciaglo/Tierney L. Cross/Getty Images What Political Leaders Are Saying Colorado Governor Jared Polis, a Democrat, wrote on X: "I am closely monitoring the situation in Boulder, and my thoughts go out to the people who have been injured and impacted by this heinous act of terror. Hate-filled acts of any kind are unacceptable. While details emerge, the state works with local and federal law enforcement to support this investigation. More information will be provided as it becomes available." Senator John Hickenlooper, a Colorado Democrat, on X: "Hate of any kind has no home in Colorado. We're monitoring the reports of a horrific terror attack in Boulder this afternoon. Our thoughts are with the victims and their loved ones." Representative Gabe Evans, a Colorado Republican, on X: "My team is monitoring the attack of terror just outside our district in Boulder. Hate has no home in Colorado. We are praying for all those affected. Thank you law enforcement for quickly responding to the scene. Please follow their updates as more information is released." Representative Joe Neguse, a Colorado Democrat, on X: "We are closely monitoring, and are in contact with local law enforcement regarding the horrific attack on Pearl Street Mall. Praying hard for the victims." Denver Mayor Mike Johnston on X: "Our hearts are with Boulder as we mourn the innocent victims of senseless violence. Denver Police Department is in contact with Boulder PD to provide any support they need. Hate has no place in Colorado." What Happens Next Authorities have yet to release more details about the victims and the suspect taken into custody. An alleged motive for the attack will likely be determined and announced by law enforcement later today or tomorrow.
