June 01, 2025
Julian Leshay Guadalupe/USA TODAY NETWORK via Imagn Images
A federal judge ruled that Trump administration efforts to deport Columbia University pro-Palestinian activist Mahmoud Khalil likely violate the Constitution. This photo from March 28, 2025 shows protesters outside a hearing for Khalil in federal court in Newark, New Jersey.
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.
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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.
New Jersey Monitor is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence T. McDonald for questions: info@newjerseymonitor.com.
