Judge: Marco Rubio's determination is not enough to detain Mahmoud Khalil
June 11 (UPI) -- Syrian national Mahmoud Khalil can't be detained and deported due to foreign policy concerns by U.S. Secretary of State Marco Rubio, a federal district court judge ruled on Wednesday.
Rubio had determined that Khalil's presence in the United States -- while organizing campus protests favoring Hamas while enrolled at Columbia University -- runs counter to U.S. foreign policy.
U.S. District Court of New Jersey Judge Michael Farbiarz ruled Rubio's determination is insufficient to warrant Khalil's detention and deportation, NBC News and The Hill reported.
Rubio also suggested Khalil concealed his alleged connections with Hamas when he applied for a U.S. visa.
"It might be argued that [Khalil] would be detained anyway," Farbiarz wrote.
"The Department of Homeland Security is seeking to remove [Khalil] based not only on the Secretary of State's determination but also on ... the petitioner's alleged failure to accurately complete his lawful-permanent-resident application."
While the DHS might have a stronger and enforceable claim to detain and deport Khalil, Farbiarz said Rubio's determination is not enough to warrant his continued detention and eventual deportation.
Federal authorities arrested Khalil in March with the intention of deporting him, but Farbiarz said Khalil's "career and reputation" are damaged by his arrest.
Farbiarz said Khalil has suffered "irreparable harm" but agreed the DHS might have a strong enough case to deport him because he did not accurately complete a lawful-permanent-resident application.
Such instances don't result in individuals being detained, though, Farbiarz said.
"That strongly suggests that it is the Secretary of State's determination that drives [Khalil's] ongoing going detention -- not the other charges against him," the judge wrote.
He issued a preliminary injunction and ordered the Trump administration to release Khalil, but not until Friday.
The delay gives the Trump administration time to appeal the ruling.
A federal immigration judge in April ruled the Trump administration can deport Khalil.
President Joe Biden appointed Farbiarz to the federal bench in 2023.
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