Trump officials' move to deport Columbia activist Mahmoud Khalil likely unconstitutional: judge
A federal judge ruled Wednesday that the Trump administration's efforts to deport Columbia University pro-Palestinian activist Mahmoud Khalil, in part to protect U.S. foreign policy, is likely unconstitutional.
New Jersey U.S. District Judge Michael Farbiarz said that Khalil, who had a legally obtained green card to permanently reside in the U.S., was "likely to succeed" in his claim that the administration's determination that he is a threat to U.S. foreign policy is " unconstitutionally vague."
But Farbiarz stopped short of releasing Kalil from detention in Louisiana,.
The judge said the Trump administration's use of the little-known provision in immigration law to deport Kalil would be 'unprecedented.'
The Department of Homeland Security cited the provision in its action against Khalil that grants the secretary of state the authority to deport someone if it's determined that the person 'would have serious adverse foreign policy consequences for the United States.'
The foreign policy law was 'unconstitutional as applied' to Khalil, who 'acted solely within the United States,' Farbiarz wrote in his 101-page ruling.
The judge also noted that Secretary of State Marco Rubio failed to 'affirmatively determine' that Khalil's actions had in any way affected U.S. relations with another country.
Farbiarz, however, also noted that Khalil must provide proof regarding other issues raised by the Trump administration, including that he failed to provide information about memberships in certain organizations when he applied for his green card.
Farbiarz said he would soon issue another order detailing the next steps in the case..
Khalil's legal team praised the ruling. 'The district court held what we already knew: Secretary Rubio's weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional,' they said in a statement.
They called Khalil's continued detention an 'affront to justice' and vowed to continue fighting for his freedom.
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