A federal judge ruled Friday that the Trump administration could continue to detain Mahmoud Khalil, a Columbia University student and pro-Palestinian activist.
Judge Michael Farbiarz of the U.S. District Court for New Jersey rejected Khalil’s request for release and said he could remain in federal custody so long as his detention is not based on a determination by Secretary of State Marco Rubio that Khalil is a national security threat.
“To the extent the Petitioner requests relief from this Court, the request is denied,” the judge ruled.
To justify Khalil’s removal, Rubio released a memo in April that cited a seldom-used provision of the Immigration and Nationality Act of 1952. This provision allows the Secretary of State to deport noncitizens if they determine their presence in the country would result in “potentially serious adverse foreign policy consequences for the United States.”
Rubio had said allowing Khalil, who led protests against Israel’s war in Gaza, to stay in the U.S. would create a “hostile environment for Jewish students in the United States.”
Farbiarz ruled earlier this week that Rubio’s grounds for Khalil’s detainment were likely insufficient and unconstitutional. The judge stayed the preliminary injunction until 9:30 a.m. Friday to give the government time to appeal.
Khalil’s legal team filed a letter Friday morning requesting the court to order his release.
TRUMP DOJ MUST DEFEND LEGAL BASIS FOR DEPORTING MAHMOUD KHALIL: JUDGE
“The Government has not filed a notice of appeal of this Court’s Order by the Court-ordered deadline for the preliminary injunction to be in effect,” the letter said.
Khalil grew up in a Palestinian refugee camp in Syria and was granted permanent U.S. resident status. In March, he was arrested outside his student housing on Columbia’s campus and detained. The Trump administration later accused him of leading “activities aligned to Hamas, a designated terrorist organization.”
This article was originally published at www.washingtonexaminer.com
