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. Advertisement
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 a …