A federal judge announced on Wednesday that Mahmoud Khalil, the Columbia University activist, cannot be detained or deported by the Trump administration based on a determination made by Secretary of State Marco Rubio. This preliminary injunction will not take effect until Friday, allowing the government time to file an appeal. The judge has temporarily stayed the injunction until 9:30 a.m. on that day.
“This is the news we’ve been waiting over three months for,” stated Dr. Noor Abdalla, Khalil’s wife, in a release from the American Civil Liberties Union (ACLU), which is part of the legal team representing him.
Rubio has invoked an obscure clause from the Immigration and Nationality Act of 1952, claiming that Khalil poses a national security threat. He maintains that this provision permits the secretary of state to make a personal decision regarding Khalil’s presence in the United States.
U.S. District Judge Michael Farbiarz concluded that Khalil could not be removed or detained on the basis of Rubio’s assertion. Khalil, who was an active participant in protests against the Gaza war at Columbia last year, has been in federal custody since his arrest in March as he contests the deportation efforts. The Trump administration has accused him of leading activities in support of Hamas, a designated terrorist group.
A spokesperson for the Department of Homeland Security contended that Khalil has sought to “glorify and support terrorists.” However, Khalil, who faces no criminal charges, labeled these allegations as “grotesque and false” last week.
In his ruling, Judge Farbiarz highlighted that Khalil’s career and reputation are suffering damage, leading to a chilling effect on his speech, which constitutes irreparable harm.
The Department of Homeland Security has also claimed that Khalil could be detained due to inaccuracies in his lawful permanent resident application. Yet, Judge Farbiarz countered that such grounds are insufficient for detention, noting that lawful permanent residents are rarely held for similar omissions. He pointed out that the evidence strongly indicates that the Secretary of State’s decision is the primary reason for Khalil’s ongoing detention rather than any other alleged charges against him.
The ACLU hailed the preliminary injunction as a significant victory. Khalil’s legal team is calling for his immediate release and vows to continue fighting until he is reunited with his wife and child in the U.S.
“This vindicates what Mahmoud has maintained since day one — that the government cannot detain or deport him based on Rubio’s say-so,” declared Ramzi Kassem, a co-founder of the Center for Constitutional Rights.
The Homeland Security and State departments have not provided comments in response to requests for reaction. Khalil was one of the first students targeted by the Trump administration amid its efforts to combat protests related to the Gaza conflict, which escalated following Hamas’s attack on Israel on October 7, 2023. Trump has publicly criticized Columbia and Harvard, framing the controversy as part of a broader fight against antisemitism on college campuses, accusing Columbia of violating the rights of Jewish students and threatening its accreditation.