U.S. says pro-Palestinian activist Mahmoud Khalil will remain in detention despite judge's ruling
The U.S. government said on Friday pro-Palestinian activist Mahmoud Khalil would remain in detention after a U.S. judge ruled foreign policy interests could not be used to justify confinement of the Columbia University student and pro-Palestinian activist.
Khalil's lawyers had called for his immediate release but U.S. attorneys said in a letter to the judge that they would keep holding him on other charges such as immigration fraud that were not addressed in the decision. The government has been trying to deport Khalil and has been holding him in Louisiana.
Newark, New Jersey-based U.S. District Judge Michael Farbiarz had given the government until 1:30 p.m. ET on Friday to appeal his Wednesday ruling on Khalil, 30, a Palestinian who came to the U.S. lawfully on a student visa and later obtained lawful permanent residency.
Judge says government must release Columbia University protester Mahmoud Khalil
Urback:The chilling case of Mahmoud Khalil should enrage anyone who purports to support freedom
President Donald Trump has pledged to deport foreign students who participated in pro-Palestinian demonstrations that swept Columbia and other U.S. universities in the wake of Hamas' Oct. 7, 2023, attack on Israel and Israel's subsequent military campaign in Gaza.
Khalil, a prominent figure in pro-Palestinian protests against Israel's war on Gaza, was detained by immigration agents in the lobby of his university residence in Manhattan on March 8. He has since been held in immigration detention in Louisiana.
He is fighting for his release. Kilmar Abrego Garcia, another immigrant targeted by the Trump administration, was set to enter a plea to criminal charges.
The administration says it revoked Khalil's green card under a little-used provision of U.S. immigration law allowing the deportation of any non-citizen whose presence in the country is deemed by the Secretary of State to be adverse to U.S. foreign policy interests.
Khalil's lawyers said his arrest and attempted deportation violated his right to free speech under the U.S. Constitution's First Amendment.
Farbiarz had previously blocked the administration from deporting Khalil while his challenge to the constitutionality of his arrest played out. On May 28, the judge ruled that the foreign policy provision cited by the Trump administration was so vague that it was likely unconstitutional, and on Wednesday he ruled that the administration could not use that provision to justify Khalil's detention.
The U.S. government also has said Khalil should be deported because he withheld information from his application for a green card, which he has denied.
Farbiarz wrote that lawful permanent residents are rarely detained on that basis.
Khalil's U.S. citizen wife, Dr. Noor Abdalla, gave birth to the couple's first child while Khalil was detained in April.
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