Latest news with #Farbiarz
Yahoo
2 days ago
- General
- Yahoo
Trump admin likely violated Constitution in bid to deport Columbia University activist, judge says
Supporters of Mahmoud Khalil rally outside the federal courthouse in Newark on March 28, 2025. (Reena Rose Sibayan for New Jersey Monitor) A federal judge said Wednesday that attempts to deport a pro-Palestinian Columbia University activist likely violate the Constitution, dealing a potential blow to efforts by the Trump administration to kick political student activists out of the country. But U.S. Judge Michael Farbiarz stopped short of releasing Mahmoud Khalil, a legal resident of the U.S., from the Louisiana jail where he is being held. Farbiarz directed Khalil's legal team to present more arguments on why he should be released. The judge added that while Khalil may be successful in challenging the government's 'vagueness' regarding his detention, the government may still be justified in detaining him based on their allegation that he lied on his green card application. Khalil contends he is a political prisoner detained in violation of his free speech rights. 'If an immigration court holds that the Petitioner did not have to disclose the allegedly omitted information, that could fully dispose of the underlying ground for removal, without any need for a federal court to reach a potentially complex First Amendment question,' Farbiarz wrote in the 106-page decision. Khalil was arrested by federal immigration agents in New York City on March 8 and has been held in immigration detention in Louisiana since. He was among the first in a wave of pro-Palestinian legal residents who have been arrested by federal authorities as the Trump administration has ramped up mass deportation and tested the limits of immigration law. While Khalil hasn't been charged with a crime, he's facing removal based on two claims: inaccuracies on his green card application and a determination by U.S. Secretary of State Marco Rubio that Khail's presence in the country would have 'serious adverse foreign policy consequences' and 'compromise a compelling U.S. foreign policy interest.' Khalil's legal challenge to his detention is playing out in two courts — immigration court in Louisiana, where a judge said she had no authority to question the government's decision to remove Khalil, and in federal court in New Jersey, where Khalil was temporarily held while his attorneys filed a petition for his release. Farbiarz's ruling says Rubio likely overstepped his authority when he invoked a rarely used provision of federal law called section 1227 to target Khalil and other student activists for deportation. The statute allows for the deportation of non-citizens if the secretary of state determines their 'presence or activities … would have serious adverse foreign policy consequences.' 'The petitioner is likely to succeed on the merits of his claim that section 1227 is unconstitutionally vague as applied to him through the SoS's determination,' Farbiarz wrote. Removal of this kind, he added, would be 'unprecedented.' The judge asked for additional briefings on the government's claims surrounding Kahlil's green card application. He also said he would soon issue another order with the next steps in the case. The American Civil Liberties Union, part of the legal team representing Khalil, said in a statement they vow to keep fighting for his release. 'We will work as quickly as possible to provide the court the additional information it requested supporting our effort to free Mahmoud or otherwise return him to his wife and newborn son. Every day Mahmoud spends languishing in an ICE detention facility in Jena, Louisiana, is an affront to justice, and we won't stop working until he is free,' his legal team said. Khalil is protected from being deported immediately under a previous order from Farbiarz that bars the government from removing him while his fight to be released from detention proceeds.
Yahoo
2 days ago
- General
- Yahoo
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.
UPI
2 days ago
- Politics
- UPI
Judge rules effort to deport Mahmoud Khalil likely 'unconstitutional'
Pro-Palestinian protesters hold flags and signs at the Release Mahmoud Khaul, Hands Off Our Students, ICE off Our Campus rally in Manhattan in March. File Photo by John Angelillo/UPI | License Photo 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.
Yahoo
2 days ago
- General
- Yahoo
US efforts to deport Columbia grad Mahmoud Khalil likely unconstitutional, judge says
A federal judge has ruled that the Trump administration's attempt to deport Columbia University graduate Mahmoud Khalil for his activism or beliefs is likely unconstitutional. In a 106-page opinion, U.S. District Court Judge Michael Farbiarz wrote that Khalil was likely to succeed because the legal provision used to justify his detention was "unconstitutionally vague." Farbiarz, who presides in the District of New Jersey, issued the opinion on May 28. In the same opinion, the judge denied Khalil's bid for release from an immigration detention center in Louisiana because of the U.S. government's allegations that his residency application contained inaccuracies. Those allegations needed more scrutiny, the judge wrote. Immigration agents arrested Khalil, a green card holder married to an American citizen, on March 8 in the lobby of his student apartment building in Manhattan. A Palestinian born in Syria, Khalil was a spokesman and negotiator for pro-Palestinian protesters at Columbia University. Though Khalil has not been accused of any crime, the Trump administration argued that a noncitizen can be deported if the Secretary of State has found that their presence threatens U.S. foreign policy interests, even if their beliefs, statements, or associations are "otherwise lawful." They cited a rarely used provision of the Immigration and Nationality Act as the basis. Khalil's detainment came amid a crackdown by the Trump administration on pro-Palestinian protests that it has conflated with support for terrorism and antisemitism. Protesters say the government's allegations are false and an attempt to suppress criticism of Israel. 'Free Mahmoud': Columbia students boo university president at graduation over Palestinian activist arrest Farbiarz wrote that the U.S. government 'must meet higher standards' when making such determinations. The foreign policy statute, he added, is not clear on what is and is not allowed or on the limits of government power. Secretary of State Marco Rubio alleged that Khalil's activities fostered a hostile environment for Jewish students and undermined U.S. policy to combat antisemitism. But the government did not specify how Khalil's actions impacted U.S. relations with other countries, Farbiarz wrote. Khalil and his attorneys have denied allegations of antisemitism and say U.S. officials have wrongly conflated criticism of Israel with antisemitism. 'This case, at least for now, is not about choosing between competing accounts of what happened at Columbia between 2023 and 2025,' Farbiarz said. 'Or about whether the Petitioner's First Amendment rights are being violated. Rather, the issue now before the Court has been this: does the Constitution allow the Secretary of State to use Section 1227 [of immigration law], as applied through the determination, to try to remove the Petitioner from the United States? The Court's answer: likely not." The U.S. government also alleged that Khalil had inaccuracies about his employment history and affiliations in his application for lawful permanent residence that warranted his removal. Khalil was not likely to succeed on this, Farbiarz wrote, adding that more information was needed. Trump targeted college students. Campuses went silent. Pro-Palestinian protests swept through college campuses across the United States after Hamas' October 7, 2023, attack on Israel and Israel's subsequent military assault. Khalil, who graduated with a master's from Columbia in December, was the first publicly known case in which the Trump administration attempted to deport a student over pro-Palestinian speech or activism. Khalil and his supporters say his arrest and attempted deportation are violations of his right to freedom of speech under the U.S. Constitution's First Amendment. Civil rights groups say it could set a precedent on the civil rights of noncitizens. In a statement, Khalil's legal team said it would give Farbiarz the additional argument he sought as quickly as possible, according to Reuters. "Every day Mahmoud spends languishing in an ICE detention facility in Jena, Louisiana, is an affront to justice, and we won't stop working until he is free," his lawyers said in the statement. In recent weeks, federal judges have ordered the release of other college students from immigration detention while they challenge the government's efforts to deport them. On May 9, a federal judge in Vermont ordered the Trump administration to release a Tufts University PhD student from Turkey whose video-recorded detention earlier this year by immigration agents drew broad condemnation. Rümeysa Öztürk was taken into custody by plainclothes Immigration and Customs Enforcement agents as she walked on the sidewalk near her Boston-area home on March 25. Another Columbia University student and pro-Palestinian activist, Mohsen Mahdawi, was released in April after he was arrested by armed Department of Homeland Security agents. Mahdawi, who was born and raised in a refugee camp in the West Bank, was detained on April 14 as he was showing up to an appointment to become a citizen of the United States. Contributing: Fernando Cervantes Jr. and Trevor Hughes, USA TODAY; Reuters This article originally appeared on Mahmoud Khalil deportation efforts by US likely violate constitution
NBC News
2 days ago
- Politics
- NBC News
Trump admin's effort to deport Mahmoud Khalil is likely unconstitutional, judge rules
A New Jersey federal judge ruled Wednesday that the Trump administration's effort to deport pro-Palestinian activist Mahmoud Khalil on foreign policy grounds is likely unconstitutional, but stopped short of releasing him from detainment. In a lengthy order, U.S. District Judge Michael Farbiarz said Khalil was "likely to succeed" in his claim that the administration's determination of him as a threat to U.S. foreign policy is "unconstitutionally vague." Farbiarz said the rarely used provision in immigration law the government cited for Khalil's detention was "unconstitutional as applied" to Khalil, and added that Secretary of State Marco Rubio did not "affirmatively determine" that Khalil's conduct had any impact on U.S. relations with another country. Farbiarz said that deporting Khalil under the provision would be 'unprecedented.' '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.,' Khalil's legal team said in a statement to NBC News. They added that his continued detention is an 'affront to justice' and vowed to continue fighting for his freedom. The Department of Justice and the State Department didn't immediately respond to NBC News' request for comment Wednesday night. Farbiarz's ruling marked the first time a federal judge has weighed in on the constitutionality of the Trump administration's use of the immigration provision. He ordered Khalil's legal team to submit additional information while he considers their request to release Khalil and block the administration from invoking the law against other noncitizens who have spoken out in support of Gaza or were critical of Israel while the case proceeds. Still, Farbiarz said, Khalil's attorneys have not made a "substantial argument" against the government's allegations that Khalil withheld information from his permanent residency application. Farbiarz said his attorneys are permitted to address the issue in subsequent filings. Khalil, who is a permanent U.S. resident, was arrested at his Columbia University apartment in March as part of President Donald Trump's crackdown on foreign students who his administration alleges are a threat to U.S. foreign policy. After his arrest in New York, Khalil was transported briefly to a facility in New Jersey and then transferred to an ICE facility in Jena, Louisiana, where he is currently held. Assistant Homeland Security Secretary Tricia McLaughlin said in a statement Wednesday night: "It is a privilege to be granted a visa to live and study in the United States of America. When you advocate for violence and terrorism that privilege should be revoked, and you should no longer be in this country." Khalil's attorneys have submitted evidence rebuking allegations of antisemitism, and denied he ever provided support to Hamas or any other other terrorist organization. Multiple federal judges in recent weeks have ordered the government to release other pro-Palestinian activists, including Mohsen Mahdawi, Rumeysa Ozturk and Badar Khan Suri, from immigration detention while they fight the administration's efforts to deport them.
