NEW YORK (AP) – A federal judge stated that the Trump administration’s deportation efforts regarding Mahmoud Khalil and his pro-Palestinian activities at Columbia University may violate the Constitution.
In a lengthy order issued on Wednesday, Judge Michael Farbear wrote that the primary justification for the government’s move to remove Khalil—his beliefs—could unduly compromise U.S. foreign policy and pave the way for vague and arbitrary enforcement.
Nonetheless, Farbear paused the order against Khalil, who was released from a Louisiana prison, as his legal team had not adequately responded to the additional charges raised by the government.
The judge indicated that he plans to review further evidence in the upcoming days while he continues to assess Khalil’s request for release.
Khalil, a lawful U.S. resident, was detained by a federal immigration agent during President Donald Trump’s initial arrests aimed at increasing scrutiny on students participating in campus protests. This occurred on March 8 in the lobby of his university-owned apartment during demonstrations against Israel’s actions in Gaza.
Having spent nearly 12 weeks in custody at the Immigration Detention Center in Jena, Louisiana, Khalil also missed the birth of his first child and has recently celebrated his graduation from Columbia University.
Khalil’s attorneys contend that his detention is part of a broader initiative by the Trump administration to suppress constitutionally protected freedoms of speech.
In a letter sent from prison, Khalil described his arrest as “a direct result of my exercise of my right to free speech, defending free Palestine and opposing the genocide in Gaza.”
The federal government has not accused Khalil of any illegal activities. Instead, they submitted a note signed by Secretary of State Marco Rubio claiming that Khalil’s presence could be a threat to U.S. foreign policy interests.
The government used similar justifications to detain other pro-Palestinian activists, including another Columbia student, Mohsen Mahadawi, as well as Tufts University student Rumeysa Ozturk and Georgetown University scholar Badar Khan Suri. All three have recently faced custody while fighting legal battles.
In Khalil’s case, the government also claimed that he concealed information in his residency application regarding his involvement with various organizations, such as UN agencies that aid Palestinian refugees and Colombian protest groups.
A judge remarked on Wednesday that while Khalil’s attorneys had not sufficiently addressed the claims, they would be permitted to tackle the issue in future proceedings.
Baher Azmy, Khalil’s attorney, stated that the allegations are “essentially baseless and serve as a pretext for punishing his exercise of First Amendment rights.”
Source: apnews.com