Court Permits Trump Administration to Maintain Detention of Mahmoud Khalil

A federal judge has ruled that the Trump administration can continue detaining Mahmoud Khalil, a Columbia University activist. U.S. District Judge Michael Farbiarz made this decision on Friday, denying Khalil’s request for release.

He stated that Khalil could remain in the custody of Immigration and Customs Enforcement (ICE) provided that the detention is not based on Secretary of State Marco Rubio’s assessment of him as a national security threat. The ruling followed a letter from Justice Department officials, who indicated that while Khalil could not be detained based on Rubio’s determination, he could still face other grounds for detention under immigration-related statutes.

They emphasized that the court’s injunction does not impede the government’s authority to detain Khalil for valid reasons. Brett Max Kaufman, a senior attorney for the American Civil Liberties Union representing Khalil, criticized the government’s actions, claiming they aim to “delay justice” for Khalil.

He expressed concern about the unusual nature of Khalil’s detention, implying it is a punitive measure for his outspoken activism regarding Palestine. Kaufman vowed to continue efforts for Khalil’s release.

Rubio had previously justified the deportation effort by referencing a provision of the Immigration and Nationality Act, which allows the Secretary of State to remove noncitizens if their presence threatens U.S. foreign policy. In his memo, Rubio argued that Khalil’s presence would create hostility for Jewish students in the United States.

Judge Farbiarz found the foreign policy rationale insufficient and potentially unconstitutional, temporarily staying the preliminary injunction to allow for an appeal. Meanwhile, Khalil’s legal team requested his release, noting the government failed to meet the deadline for an appeal.

Khalil, a Palestinian and permanent U.S. resident, gained recognition for leading pro-Palestinian protests before his arrest in March on allegations linked to Hamas. He has not faced any criminal charges.

Despite claims from ICE that he supports terrorism, Khalil has refuted these accusations as “grotesque and false.”

During his three-month detention, Khalil became a father but was unable to attend his son’s birth, which has left him devastated. He highlighted this emotional turmoil in a legal declaration, contrasting his experience with that of being present for his family’s significant moments.

ICE also rejected a request to transfer him closer to his family, defying its own policy on keeping detained parents near their children. Khalil’s situation has triggered widespread support among pro-Palestinian and free speech advocates, sparking protests nationally.

Notably, several celebrities have voiced solidarity with him, including readings of a letter he penned to his son ahead of Father’s Day, underlining the profound emotional impact of his circumstances.