While the ruling does not order Khalil’s immediate release, it does undermine the US government’s case against Khalil.A federal judge in New Jersey has ruled the administration of United States President Donald Trump cannot use an obscure law to detain Columbia University student Mahmoud Khalil for his pro-Palestine advocacy.
The ruling from US District Judge Michael Farbiarz on Wednesday cut to the core of the Trump administration’s justification for deporting Khalil, a permanent US resident. But it came short of ordering Khalil’s immediate release from detention.
Instead, Judge Farbiarz gave the administration until 9:30am local (13:30 GMT) on Friday to appeal. After that point, Khalil would be eligible for release on a $1 bail.
Nevertheless, the judge wrote that the administration was violating Khalil’s right to free speech by detaining and trying to deport him under a provision of the Immigration and Nationality Act of 1952. That provision allows the secretary of state to remove foreign nationals who bear “potentially serious adverse foreign policy consequences for the United States”.
Judge Farbiarz has previously signalled he believes that provision to be unconstitutional, contradicting the right to free speech. Advertisement
“The petitioner’s career and reputation are being damaged and his speech is being chilled,” Farbiarz wrote on Wednesday. “This adds up to irreparable harm.”
Khalil was arrested on March 8 after immigration agents showed up at his student apartment building at Columbia University in New York City. After his arrest, the State Department revoked his green card. He has since been held at an immigration detentio …