In a significant legal victory for Palestinian activist and Columbia University graduate Mahmoud Khalil, U.S. District Judge Michael Farbiarz ruled on Wensday that the Trump administration cannot continue to detain or deport Khalil based on a rarely used immigration law provision invoked by Secretary of State Marco Rubio. The decision, issued in a federal court in New Jersey, marks a critical rebuke of the administration’s attempt to detain Khalil for his pro-Palestinian advocacy, which the judge found violates his First Amendment right to free speech.
Khalil, a 30-year-old legal permanent resident, was arrested by Immigration and Customs Enforcement (ICE) agents on March 8, 2025, in the lobby of his university-owned apartment in New York City. The Trump administration accused Khalil, a prominent leader in pro-Palestinian protests at Columbia University in 2024, of posing a threat to U.S. foreign policy and supporting Hamas, claims his legal team has consistently denied as baseless. The administration also alleged omissions on Khalil’s green card application, a charge Judge Farbiarz deemed “overwhelmingly unlikely” to justify detention, noting that such issues rarely lead to the detention of permanent residents.
“This ruling affirms that no one should be imprisoned or deported for their political beliefs,” said Ramzi Kassem, co-director of the CLEAR legal clinic at the City University of New York, representing Khalil. “Mahmoud’s detention has caused irreparable harm to his career, reputation, and family, and we are hopeful for his immediate release.” Khalil’s wife, Dr. Noor Abdalla, expressed relief, stating, “This is the news we’ve been waiting for over three months. Mahmoud must be safely returned to New York to be with me and our newborn son, Deen.”
The court’s decision, which takes effect Friday, unless the administration successfully appeals, bars the use of a provision in the Immigration and Nationality Act of 1952 that allows the Secretary of State to deport non-citizens deemed adverse to U.S. foreign policy. Judge Farbiarz ruled that this provision, as applied to Khalil, is likely unconstitutional and chills protected speech, noting that Khalil’s detention has deterred his participation in constitutionally protected protests. However, the ruling leaves open the possibility of continued detention on other grounds, such as the alleged green card application issues, though the judge expressed skepticism about their validity.
Khalil’s case has drawn national attention as the first in a series of arrests targeting non-citizen students involved in pro-Palestinian campus protests, part of the Trump administration’s broader crackdown on such activism. The administration’s claims, outlined in a two-page memo by Rubio in April, have been criticized for lacking evidence, with Khalil’s attorneys arguing that his detention is a politically motivated attempt to suppress dissent.
“This is a victory for free speech and due process,” said Alina Das, one of Khalil’s attorneys, during a press conference. “The government’s actions against Mahmoud are an affront to the freedoms this country stands for.” The ruling has sparked renewed debate over the administration’s immigration policies, with supporters rallying outside the Manhattan federal court and in Times Square in recent months to demand Khalil’s release.
The Trump administration has until Friday morning to appeal the decision. Neither the Department of Homeland Security nor the Justice Department has commented on the ruling. Khalil remains in detention at the Central Louisiana ICE Processing Center in Jena, Louisiana, pending further legal proceedings.