A federal judge has ruled against the release of Mahmoud Khalil, a pro-Palestinian activist and student negotiator at Columbia University, from government custody. U.S. District Judge Michael Farbiarz announced on Friday that he aligns with the government’s interpretation of a preliminary injunction that does not prevent the Trump administration from holding Khalil, who faces accusations of misrepresenting information in his green card application.
Earlier in the week, Judge Farbiarz had issued a preliminary injunction that barred the Trump administration from deporting or continuing to detain Khalil, following Secretary of State Marco Rubio’s claim that his presence in the country could compromise foreign policy. However, the judge stayed the injunction until 9:30 a.m. on Friday, allowing the Trump administration time to appeal.
In documents submitted on Friday, Justice Department attorneys contended that the injunction does not restrict the government from detaining Khalil based on the allegation of lying on his green card application, despite the rare nature of such detentions. Judge Farbiarz echoed this sentiment in his ruling, stating that while it was unlikely Khalil would be detained on other grounds, it was not unlawful for the government to act on these additional charges.
In response to the ruling, Khalil’s attorney Amy Greer asserted, “Mahmoud Khalil was detained in retaliation for his advocacy for Palestinian rights. The government is now using cruel, transparent delay tactics to keep him away from his wife and newborn son ahead of their first Father’s Day as a family. It is unjust, it is shocking, and it is disgraceful.”
Khalil, a green card holder married to an American citizen, has remained in a detention facility in Louisiana since his arrest by ICE agents on March 8 in New York City. Judge Jamee Comans had previously ruled in April that Khalil was deportable based on Rubio’s assertion that his ongoing presence poses “adverse foreign policy consequences.”
Despite this, Judge Farbiarz’s injunction indicated that lawful permanent residents like Khalil, facing misrepresentation claims, are “virtually never detained pending removal”. Trump’s administration has alleged that Khalil’s detention is linked to his supposed support of Hamas, a claim his legal representatives contest. In a memo regarding the case, Rubio stated that Khalil should be deported for his alleged involvement in “antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.”
Khalil’s legal team has provided declarations from U.K. embassy officials supporting his application’s accuracy and has pointed out that many articles cited by the government as evidence of misconduct were published after his application was submitted. They maintain that Khalil was serving as a negotiator between the Columbia University Apartheid Divestment coalition and the university administration, and thus should not be classified as a “member” of the coalition.