Khalil

The Trump administration has argued that Khalil, a Columbia University student, did not disclose past affiliations.

A United States federal judge has allowed the administration of President Donald Trump to keep student protester Mahmoud Khalil in custody based on allegations of immigration fraud.

On Friday, Judge Michael Farbiarz of Newark, New Jersey, ruled that Khalil’s legal team had not adequately shown why his detention on the charge would be unlawful.

It was a major setback for Khalil, who had been a negotiator for the student protesters at Columbia University demonstrating against Israel’s war on Gaza. He was the first high-profile protester to be arrested under Trump’s campaign to expel foreign students who participated in pro-Palestinian advocacy.

Just this week, Farbiarz appeared poised to order Khalil’s release, on the basis that his detention under the Immigration and Nationality Act of 1952 was unconstitutional.

That law stipulates that the secretary of state – in this case, Marco Rubio – has the power to remove foreign nationals who have “potentially serious adverse foreign policy consequences for the United States”. But Farbiarz ruled that Rubio’s use of the law violated Khalil’s freedom of speech.

Still, the Trump administration filed additional court papers saying it had another reason for wanting to deport Khalil.

It alleged that Khalil, a permanent US resident, had omitted information from his green-card application that would have otherwise disqualified him from gaining residency.

The Trump administration has long accused Khalil of supporting terrorism through his protest-related activities, something the former graduate student has vehemently denied.

In the case of his green-card application, it argues that Khalil failed to disclose his work with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), a humanitarian organisation. Politicians in Israel and the US have accused UNRWA of ties to the armed group Hamas, an allegation reportedly made without evidence.

Khalil, however, has denied he was ever an “officer” in UNRWA, as alleged. Instead, his legal team points out that he completed a United Nations internship through Columbia University.

The Trump administration also argues that Khalil did not accurately identify the length of his employment with the Syria Office of the British Embassy in Beirut. Khalil and his legal team, meanwhile, say he accurately identified his departure date from the job as December 2022.

Judge Farbiarz had set Friday morning as a deadline for the Trump administration to appeal Khalil’s release on bail. But that deadline was extended to give the government more time to challenge Khalil’s release.

Ultimately, Farbiarz allowed the Trump administration to continue its detention of Khalil. He advised Khalil’s lawyers to seek release on bail from the immigration court where his deportation trial is being held in Louisiana.

Farbiarz had been weighing a separate habeas corpus petition from the Khalil team that called into question the constitutionality of his continued detention.

Marc Van Der Hout, a lawyer for Khalil, told the Reuters news agency that immigration fraud charges are exceedingly rare, and the Trump administration’s use of such charges was simply a political manoeuvre to keep Khalil in lock-up.

“Detaining someone on a charge like this is highly unusual and frankly outrageous,” said Van Der Hout. “There continues to be no constitutional basis for his detention.”

Another lawyer representing Khalil, Amy Greer, described the new allegations against his green-card application as part of the government’s “cruel, transparent delay tactics”. She noted that Khalil, a new father whose child was born in April, would miss his first Father’s Day, which falls this Sunday in the US.

“Instead of celebrating together, he is languishing in ICE [Immigration and Customs Enforcement] detention as punishment for his advocacy on behalf of his fellow Palestinians,” Greer said in a statement.

“It is unjust, it is shocking, and it is disgraceful.”

June 11 (UPI) — Syrian national Mahmoud Khalil can’t be detained and deported due to foreign policy concerns by U.S. Secretary of State Marco Rubio, a federal district court judge ruled on Wednesday.

Rubio had determined that Khalil’s presence in the United States — while organizing campus protests favoring Hamas while enrolled at Columbia University — runs counter to U.S. foreign policy.

U.S. District Court of New Jersey Judge Michael Farbiarz ruled Rubio’s determination is insufficient to warrant Khalil’s detention and deportation, NBC News and The Hill reported.

Rubio also suggested Khalil concealed his alleged connections with Hamas when he applied for a U.S. visa.

“It might be argued that [Khalil] would be detained anyway,” Farbiarz wrote.

“The Department of Homeland Security is seeking to remove [Khalil] based not only on the Secretary of State’s determination but also on … the petitioner’s alleged failure to accurately complete his lawful-permanent-resident application.”

While the DHS might have a stronger and enforceable claim to detain and deport Khalil, Farbiarz said Rubio’s determination is not enough to warrant his continued detention and eventual deportation.

Federal authorities arrested Khalil in March with the intention of deporting him, but Farbiarz said Khalil’s “career and reputation” are damaged by his arrest.

Farbiarz said Khalil has suffered “irreparable harm” but agreed the DHS might have a strong enough case to deport him because he did not accurately complete a lawful-permanent-resident application.

Such instances don’t result in individuals being detained, though, Farbiarz said.

“That strongly suggests that it is the Secretary of State’s determination that drives [Khalil’s] ongoing going detention — not the other charges against him,” the judge wrote.

He issued a preliminary injunction and ordered the Trump administration to release Khalil, but not until Friday.

The delay gives the Trump administration time to appeal the ruling.

A federal immigration judge in April ruled the Trump administration can deport Khalil.

President Joe Biden appointed Farbiarz to the federal bench in 2023.

While the ruling does not order Khalil’s immediate release, it does undermine the US government’s case against Khalil.

A federal judge in New Jersey has ruled the administration of United States President Donald Trump cannot use an obscure law to detain Columbia University student Mahmoud Khalil for his pro-Palestine advocacy.

The ruling from US District Judge Michael Farbiarz on Wednesday cut to the core of the Trump administration’s justification for deporting Khalil, a permanent US resident. But it came short of ordering Khalil’s immediate release from detention.

Instead, Judge Farbiarz gave the administration until 9:30am local (13:30 GMT) on Friday to appeal. After that point, Khalil would be eligible for release on a $1 bail.

Nevertheless, the judge wrote that the administration was violating Khalil’s right to free speech by detaining and trying to deport him under a provision of the Immigration and Nationality Act of 1952. That provision allows the secretary of state to remove foreign nationals who bear “potentially serious adverse foreign policy consequences for the United States”.

Judge Farbiarz has previously signalled he believes that provision to be unconstitutional, contradicting the right to free speech.

“The petitioner’s career and reputation are being damaged and his speech is being chilled,” Farbiarz wrote on Wednesday. “This adds up to irreparable harm.”

Khalil was arrested on March 8 after immigration agents showed up at his student apartment building at Columbia University in New York City. After his arrest, the State Department revoked his green card. He has since been held at an immigration detention centre in Louisiana.

The administration has accused Khalil, a student protest leader, of anti-Semitism and supporting Hamas, but officials have offered no evidence to support their claims, either publicly or in court files.

Critics have instead argued that the administration is using such claims to silence all forms of pro-Palestine advocacy.

Like other student protesters targeted for deportation, Khalil is challenging his deportation in immigration court, while simultaneously challenging his arrest and detention in federal proceedings.

The latter is called a habeas corpus petition, and it asserts that the Trump administration has violated his civil liberties by unlawfully keeping him behind bars.

While students in the other high-profile cases — including Mohsen Mahdawi, Rumeysa Ozturk and Badar Khan Suri — have all been released from detention as their legal proceedings move forward, a ruling in Khalil’s case has been slower coming.

In April, an immigration judge had ruled that Khalil was deportable based on the State Department’s interpretation of the 1952 law, despite a written letter from US Secretary of State Marco Rubio providing no further evidence for the allegations made against him.

Immigration judges fall under the executive branch of the US government and are generally considered less independent than judges in the judicial branch.

Also that month, immigration authorities denied Khalil’s request for temporary release for his son’s birth.

In the case before the New Jersey federal court, meanwhile, the Trump administration has argued that Khalil was not fully transparent in his green card application, something his lawyers deny. But Judge Farbiarz indicated on Wednesday that it was unusual and “overwhelmingly unlikely” for permanent residents to be detained on such grounds.

June 6 (UPI) — Mahmoud Khalil, the Columbia University graduate detained by the Trump administration in March for deportation over his pro-Palestinian views, offered a public declaration that details what he’s experienced since his arrest.

In a case document filed Thursday, Khalil listed what he described as the “irreparable harms” he has suffered, which he claimed have affected several parts of his life that “include dignitary and reputational harm, personal and familial hardship, including constant fear for personal safety, continued detention, restrictions on my freedom of expression, and severe damage to my professional future.”

The declaration, which was made from inside the LaSalle Detention Center in Jena, La., where Khalil has been held since March 9, puts focus on the birth of his son, which happened during his incarceration.

“Instead of holding my wife’s hand in the delivery room, I was crouched on a detention center floor, whispering through a crackling phone line as she labored alone.” Khalil described.

“I listened to her pain, trying to comfort her while 70 other men slept around me. When I heard my son’s first cries, I buried my face in my arms so no one would see me weep.”

Khalil described that the first time he saw his son was through a window, and the first time he held him was in an immigration courtroom, to which his wife had to travel ten hours to reach, with their newborn.

“I speak to her as often as possible, but these conversations are not private, everything is monitored by the government,” Khalil said, which makes it impossible for them to comfortably speak freely.

“We leave so much unsaid, and that silence weighs heavily on both of us.”

Khalil said that not only has the situation been “devastating” for him, but that his wife has dealt with harassment since his arrest. Khalil further described the anguish of seeing Trump administration officials post statements and photos of him on social media that he purports as “accompanied by inflammatory language, grotesque and false accusations, and open celebration of my deportation.”

Khalil expressed concern for his future as well. He said he was hired by the nonprofit equality-focused Oxfam International group only days before his arrest as a Palestine and Middle East/ North Africa policy advisor, and was scheduled to start work in April, but the job offer was formally revoked. He says “I strongly believe” his arrest and continued detention is the reason for this.

He added that should the charges against him stand, “the harm to my professional career would be career-ending.”

Khalil further worried his arrest would result in a lifetime of “being flagged, delayed, or denied when traveling, applying for visas, or engaging with consular authorities anywhere in the world,” and not just him, but his wife and son.

His mother had also applied for a visa in March to visit the United States to see their child be born, and although that was approved, the U.S. embassy returned her passport without a stamp, and now her case is under “administrative processing,” and remains unapproved. Khalil’s elderly father, whom he describes as “severely disabled,” lives in Germany, and he ponders whether any country allied with the United States will ever grant him entry should the charges stand.

Khalil detailed the allegations under which he has been held for deportation, which not only did he deny as testimony at his May immigration court hearing, at which he purports “The government attorneys did not ask me any questions regarding these issues.”

However, Khalil maintained his greatest concern of all is a determination by Secretary of State Marco Rubio based on a law that an “alien” can be deported should his presence in the United States “have potentially serious adverse foreign policy consequences.”

“I understand that the Rubio Determination is not only a ground for deportation, but it is also a bar to entry,” said Khalil.

“In other words, no matter what happens to the other charge against me, it is the Rubio Determination that will make this country, the country of my wife and child, a country I cannot return to in the future.”

A United States federal judge has said that an effort by the administration of President Donald Trump to deport pro-Palestine student activist Mahmoud Khalil is likely unconstitutional.

District Judge Michael Farbiarz of New Jersey wrote on Wednesday that the government’s claim that Khalil constituted a threat to US national security and foreign policy was not likely to succeed.

“Would an ordinary person have a sense that he could be removed from the United States because he ‘compromise[d]’ American ‘foreign policy interests’ — that is, because he compromised US relations with other countries — when the Secretary has not determined that his actions impacted US relations with a foreign country?” Farbiarz wrote. “Probably not.”

Farbiarz did not immediately rule on the question of whether Khalil’s First Amendment rights to free speech were violated. He also did not order Khalil’s immediate release, citing unanswered questions about his permanent residency application.

The judge is expected to order further steps in the coming days.

A ruling against the government would be the latest legal setback for the Trump administration’s controversial efforts to crack down on pro-Palestine activism across the US in the name of national security and combating anti-Semitism.

But critics have accused the Trump administration of violating basic constitutional rights in its efforts to do so.

Khalil, a lawful permanent resident of the US, was the first high-profile arrest made in the Trump administration’s push to expel student protesters involved in demonstrations against Israel’s war in Gaza.

A former graduate student, Khalil had served as a spokesperson for the antiwar protests at Columbia University. But on March 8, the 30-year-old was arrested in the hall of his student housing building in New York City, while his wife, Dr Noor Abdalla, filmed the incident.

He was then transferred from a detention centre in New Jersey to one in Jena, Louisiana, while his lawyers struggled to ascertain his location. He remains imprisoned in the Jena facility while the US government seeks his deportation.

In public statements, Khalil has said that his detention is part of an effort to chill dissent over US support for Israel’s war, which has been described as a genocide by human rights groups and United Nations experts.

Civil liberties organisations have also expressed alarm that Khalil’s detention appears premised on his political views, rather than any criminal acts. Khalil has not been charged with any crime.

In Louisiana, Khalil continues to face an immigration court weighing his deportation. But in a separate case before the US federal court in Newark, New Jersey, Khalil’s lawyers are arguing a habeas corpus petition: in other words, a case that argues their client has been unlawfully detained.

US Secretary of State Marco Rubio, acting on behalf of the Trump administration, has cited the Immigration and Nationality Act of 1952 as the legal basis for Khalil’s detention.

That Cold War-era law stipulates that the secretary of state can deport a foreign national if that person is deemed to pose “potentially serious adverse foreign policy consequences”.

But that law has been rarely used and raises concerns about conflicts with the First Amendment of the US Constitution, which guarantees the right to free speech regardless of citizenship.

Judge Farbiarz appeared to echo that concern, warning that the Trump administration’s rationale appeared to meet the standards for “constitutional vagueness”.

That, in turn, means Khalil’s petition is “likely to succeed on the merits of his claim” that the government’s actions were unconstitutional, the judge wrote on Wednesday.

Khalil’s legal team applauded the judge’s order, writing in a statement afterwards, “The district court held what we already knew: Secretary Rubio’s weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional.”

Khalil is one of several high-profile students whose cases have tested the constitutional bounds of the Trump administration’s actions.

Other international students detained for their involvement in pro-Palestine politics, such as Tufts University student Rumeysa Ozturk and Columbia University student Mohsen Mahdawi, have been released from detention after legal challenges.

But Khalil remains in detention. The government denied a request for Khalil’s temporary release that would have allowed him to witness the birth of his son in April.

It also sought to prevent him from holding his newborn son during visitation sessions at a Louisiana detention centre.

“I am furious at the cruelty and inhumanity of this system that dares to call itself just,” Abdalla, Khalil’s wife, said in a statement.

She noted that Immigration and Customs Enforcement (ICE) had denied the family “this most basic human right” after she flew more than 1,000 miles to visit him in Louisiana with their newborn son.

A judge blocked those efforts by ICE last week, allowing Khalil to hold his son for the first time more than one month after he was born.

NEW YORK — Less than three weeks after his release from an immigration jail, the Palestinian activist Mohsen Mahdawi strode across the graduation stage at Columbia University on Monday morning, savoring a moment the Trump administration had fought to make impossible.

Draped in a keffiyeh, Mahdawi, 34, paused to listen to the swell of cheers from his fellow graduates. Then he joined a vigil just outside Columbia’s gates, raising a photograph of his classmate Mahmoud Khalil, who remains in federal custody.

“It’s very mixed emotions,” Mahdawi told The Associated Press. “The Trump administration wanted to rob me of this opportunity. They wanted me to be in a prison, in prison clothes, to not have education and to not have joy or celebration.”

Mahdawi, a 34-year-old legal resident of the U.S., was detained during an April 14 citizenship interview in Vermont, part of the widening federal crackdown on pro-Palestinian activists.

He was released two weeks later by a judge, who likened the government’s actions to McCarthyist repression. Federal officials have not accused Mahdawi of committing a crime but argued that he and other student activists should be deported for beliefs that may undermine U.S. foreign policy.

For Mahdawi, who earned a bachelor’s degree in philosophy from Columbia’s School of General Studies, the graduation marked a bittersweet return to a university that he says has betrayed him and other students.

“The senior administration is selling the soul of this university to the Trump administration, participating in the destruction and the degradation of our democracy,” Mahdawi said.

He pointed to Columbia’s decision to acquiesce to the Trump administration’s demands — including placing its Middle Eastern studies department under new leadership — as well as its failure to speak out against his and Khalil’s arrest.

He said Columbia’s leadership had denied his pleas for protection prior to his arrest, then ignored his attorney’s request for a letter supporting his release from jail.

A spokesperson for Columbia University did not return an emailed inquiry.

Mahdawi was born in a refugee camp in the Israeli-occupied West Bank and moved to the United States in 2014. At Columbia, he organized campus protests, led a Buddhist association and co-founded the Palestinian Student Union with Khalil.

Khalil would have received his diploma from a Columbia master’s program in international studies later this week. He remains jailed in Louisiana as he awaits a decision from a federal judge about his possible release.

As he prepares for a lengthy legal battle, Mahdawi faces his own uncertain future. He was previously admitted to a master’s degree program at Columbia, where he planned to study “peacekeeping and conflict resolution” in the fall. But he is reconsidering his options after learning this month that he would not receive financial aid.

For now, he said, he would continue to advocate for the Palestinian cause, buoyed by the support he says he has received from the larger Columbia community.

“When I went on the stage, the message was very clear and loud: They are cheering up for the idea of justice, for the idea of peace, for the idea of equality, for the idea of humanity, and nothing will stop us from continuing to do that. Not the Trump administration nor Columbia University,” he said.

The School of General Studies graduation comes two days before Columbia’s university-wide commencement, as colleges across the country are bracing for possible disruptions.

Last week, New York University announced it would withhold the diploma of a student speaker who criticized Israel’s attacks on Palestinians in his graduation speech.

Offenhartz writes for the Associated Press.