A federal judge in New Jersey ruled Wednesday that the Trump administration’s effort to deport pro-Palestinian activist Mahmoud Khalil on foreign policy grounds is most likely unconstitutional but stopped short of releasing him from detainment.
In a lengthy order, U.S. District Judge Michael Farbiarz said Khalil was “likely to succeed” in his claim that the administration’s determination that he is a threat to U.S. foreign policy is “unconstitutionally vague.”
Farbiarz said the rarely used provision in immigration law the government cited for Khalil’s detention was “unconstitutional as applied” to Khalil and added that Secretary of State Marco Rubio did not “affirmatively determine” that Khalil’s conduct had any impact on U.S. relations with another country.
Farbiarz said deporting Khalil under the provision would be “unprecedented.”
Khalil’s legal team said in a statement, “The district court held what we already knew: Secretary Rubio’s weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional.”
They added that his continued detention is an “affront to justice” and vowed to continue fighting for his freedom.
The Justice and State departments did not immediately respond to requests for comment Wednesday night.
The ruling is the first time a federal judge has weighed in on the constitutionality of the Trump administration’s use of the immigration provision.
Farbiarz ordered Khalil’s legal team to submit additional information while he considers its request to release Khalil and block the administration from invoking the law against other noncitizens who have spoken out in support of Gaza or were critical of Israel while the case proceeds.
Still, Farbiarz said, Khalil’s attorneys have not made a “substantial argument” against the government’s allegations that Khalil withheld information from his permanent residency application. Farbiarz said his attorneys are permitted to address the issue in subsequent filings.
Khalil, who is a permanent U.S. resident, was arrested at his Columbia University apartment in March as part of President Donald Trump’s crackdown on foreign students who his administration alleges are a threat to U.S. foreign policy.
After he was arrested in New York, Khalil was transported briefly to a facility in New Jersey and then transferred to an Immigration and Customs Enforcement facility in Jena, Louisiana, where he is currently held.
Assistant Homeland Security Secretary Tricia McLaughlin said in a statement Wednesday night: “It is a privilege to be granted a visa to live and study in the United States of America. When you advocate for violence and terrorism that privilege should be revoked, and you should no longer be in this country.”
Khalil’s attorneys have submitted evidence rebuking allegations of antisemitism, and they denied he ever provided support to Hamas or any other terrorist organization.
Multiple federal judges in recent weeks have ordered the government to release other pro-Palestinian activists, including Mohsen Mahdawi, Rümeysa Öztürk and Badar Khan Suri, from immigration detention while they fight the administration’s efforts to deport them.
