Palestinian activist Khalil Mahmoud can fight wrongful detention case in federal court, judge rules

Columbia graduate and pro-Palestine activist Mahmoud Khalil can argue in federal court that he was detained and targeted for deportation because of his political views, a judge ruled Tuesday, in what his legal team called an important step in establishing his freedom.

Khalil, a Syrian-born green card holder, has been in ICE custody in Louisiana since shortly after his March 8 arrest at his New York apartment building. His case has become a high-profile example of a broader crackdown by President Donald Trump’s administration on foreign students who are perceived as a threat to U.S. foreign policy.

New Jersey District Judge Michael Farbiarz said in a 108-page ruling that he would retain jurisdiction over the case, rejecting the Trump administration’s argument that the Immigration and Nationality Act prevented the federal court from reviewing Khalil’s claims.

“Immigration courts are not legally permitted to provide the relief … that the Petitioner [Khalil] seeks here,” the judge wrote, explaining that immigration court would not be the correct forum to hear a case based on freedom of speech.

An immigration judge in Louisiana previously ruled that Khalil could be deported, based on a brief memo this month from Secretary of State Marco Rubio stating that while Khalil’s “past, current or expected beliefs, statements, or associations that are otherwise lawful,” he could “personally determine” who should remain in the country.

Farbiarz previously ruled against the government’s request to dismiss the case and transfer it to the Western District of Louisiana, where Khalil is currently detained.

Farbiaz has not, however, ruled on various requests from Khalil’s legal team, including that he be granted bail and returned to his family in New York, where his wife gave birth to their first child earlier this month.

Noor Abdalla, Khalil’s wife, said in a Tuesday statement: “I am relieved at the court’s finding that my husband can move forward with his case in federal court. This is an important step towards securing Mahmoud’s freedom. But there is still more work to be done.”

Abdalla said she would “continue to strongly advocate for my husband, so he can come home to our family, and feel the pure joy all parents know of holding your first-born child in your arms.”

“Today, we moved one step closer to vindicating Mr. Khalil’s rights by challenging his unlawful detention and the administration’s unconstitutional and retaliatory actions against him,” Amy Greer, a lawyer on Mahmoud’s legal team, said in a statement.

“This is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech, and a rebuke of attempts by the executive to use immigration laws to weaken First Amendment protections for political gain,” Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said.

The Trump administration admitted in court documents last week that Mahmoud was arrested without a warrant and that ICE officers told him they had arrived to revoke his student visa, which he does not hold or require as a lawful permanent resident.

The Department of Homeland Security and the Department of Justice did not immediately respond for comment.