A federal judge ruled in favor of Mahmoud Khalil, an anti-Israel activist detained by the Trump administration, halting government efforts to deport him on foreign policy grounds.
On Wednesday, U.S. District Judge Michael Farbiarz issued a preliminary injunction preventing Khalil’s continued detention or deportation. The ruling challenges a memo from Secretary of State Marco Rubio, which argued that Khalil’s presence in the U.S. “compromises a compelling foreign policy interest.”
“The government cannot claim an interest in enforcing what appears to be an unconstitutional law,” Judge Farbiarz wrote in his opinion, emphasizing that the case raises serious First Amendment concerns about free speech.
This ruling deals a major legal blow to the administration’s push to remove Khalil, who has been detained in Louisiana following his role in anti-Israel demonstrations at Columbia University.
Khalil, a green card holder, was arrested after leading student protests at Columbia. He argues that the government’s actions have infringed on his free speech rights.
While the preliminary injunction temporarily blocks Khalil’s deportation, it does not order his release. The decision will remain on hold until Friday morning, giving the government time to file an appeal.
Lawyers for the Department of Homeland Security (DHS) dismissed Khalil’s free speech claims as a “red herring.” They argued that Khalil lied on his visa applications and failed to disclose relevant employment and affiliations.
According to the DHS, Khalil did not disclose his previous work with the Syrian office at the British Embassy in Beirut, nor his employment with the United Nations Relief and Works Agency for Palestine Refugees. He also allegedly failed to report his involvement with the Columbia University Apartheid Divest group.
Marco Rubio invoked a provision in the 1952 Immigration and Nationality Act that allows the Secretary of State to deport noncitizens if their presence would cause serious foreign policy consequences.
In his memo, Rubio accused Khalil of engaging in antisemitic protests and creating a hostile environment for Jewish students in the U.S.
“Condoning antisemitic conduct and disruptive protests would severely undermine significant foreign policy objectives,” Rubio stated.
Khalil’s Background and Legal Status
Khalil, who holds Algerian citizenship through his mother, was born in a Palestinian refugee camp in Syria. He is currently being held in a Louisiana detention facility.
His arrest sparked protests, with hundreds of demonstrators marching in San Francisco to demand his release.
As of Wednesday night, no additional hearings have been scheduled in Khalil’s case.
“We’re just waiting for the judge to issue her ruling,” said Johnny Sinodis, Khalil’s immigration attorney with Van Der Hout LLP, during a press conference.
Meanwhile, the federal court’s preliminary injunction ensures that Khalil will remain protected from deportation until at least Friday, when further legal steps may unfold.