A federal judge in New Jersey ruled that the Trump administration’s attempt to deport pro-Palestinian activist Mahmoud Khalil is likely unconstitutional, although he remains in detention. U.S. District Judge Michael Farbiarz stated that Khalil is likely to succeed in arguing that the government’s claim of him being a threat to U.S. foreign policy is “unconstitutionally vague.” He found the immigration law provision cited for Khalil’s detention “unconstitutional as applied” to him, noting that Secretary of State Marco Rubio did not provide a clear determination that Khalil’s actions affected U.S. relations. Farbiarz remarked that deporting Khalil would be “unprecedented.”
Khalil’s legal team expressed satisfaction with the ruling, pointing out the potential misuse of immigration laws against him and others supportive of Gaza or critical of Israel. They decried his continued detention as an “affront to justice” and pledged to fight for his release. While the Justice and State departments did not respond immediately, the ruling marks the first judicial review of the Trump administration’s use of this immigration provision.
Farbiarz has requested the legal team to submit further information while considering their request to release Khalil and prevent similar actions against other noncitizens. However, he noted that Khalil’s attorneys failed to significantly counter the government’s claims regarding his residency application. Khalil, a permanent U.S. resident, was arrested in March at his Columbia University apartment amid a crackdown on foreign students perceived as threats. He is currently held at an Immigration and Customs Enforcement facility in Louisiana. Other federal judges have previously ordered the release of additional pro-Palestinian activists detained similarly.
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