U.S. Judge Orders Release of Mahmoud Khalil, Pro-Palestinian Activist Held in Immigration Custody
In a significant legal win for immigrant rights advocates and free speech supporters, a U.S. federal judge ordered the immediate release of Mahmoud Khalil, a Columbia University graduate and prominent pro-Palestinian activist, from immigration detention on Friday. This ruling comes amid widespread criticism of what many say is a politically motivated crackdown on foreign students who have protested Israel’s military actions in Gaza.
The Arrest That Sparked Outrage
Mahmoud Khalil was arrested back on March 8 in the lobby of his university residence in Manhattan by immigration agents. The timing and circumstances of his arrest stirred immediate controversy, as it appeared to be part of a broader crackdown endorsed by then-President Donald Trump. Trump had publicly labeled these pro-Palestinian protests as antisemitic and vowed to deport foreign students who participated, making Khalil the first high-profile target of this harsh policy.
What followed was a lengthy legal battle centered on whether Khalil’s detention was lawful or simply a means to punish him for exercising his constitutional rights to free speech and political activism.
The Judge’s Decision: A Major Pushback Against the Administration
After hearing arguments from both sides, U.S. District Judge Michael Farbiarz of Newark, New Jersey, ruled that the government failed to show that Khalil was a flight risk or a danger to the public. He ordered the Department of Homeland Security (DHS) to release Khalil by 6:30 pm local time on Friday from a detention center in rural Louisiana, where Khalil had been held.
Farbiarz was quite clear in his reasoning: “There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish the petitioner,” he said, highlighting the unconstitutional nature of using civil immigration procedures to penalize someone’s political speech.
This ruling is the latest in a string of victories for foreign pro-Palestinian students who have faced similar arrests and detentions since March. Others, like Mohsen Mahdawi and Rumeysya Ozturk, were also detained but subsequently released by judges.
Khalil’s Fight for Justice and Freedom of Speech
Mahmoud Khalil, a 30-year-old Syrian-born activist and legal permanent U.S. resident, has consistently maintained that his detention is retaliation for his political views—views protected by the First Amendment of the U.S. Constitution. Despite being arrested for alleged immigration violations, Khalil and his legal team argue that the real motive is to silence his activism and protests against what he sees as injustices related to Israel’s policies in Gaza.
In interviews with CNN and other outlets last year, Khalil publicly condemned antisemitism and racism, underscoring that his activism does not promote hate but rather advocates for Palestinian freedom and human rights.
A Family Separated by Detention
Khalil’s prolonged detention—spanning 104 days—has had a deep personal impact. During this time, his wife, Dr. Noor Abdalla, gave birth to their infant son. Both his wife and newborn are U.S. citizens. The family has endured the pain of separation while Khalil remained locked up in Louisiana, far from their New York home.
In a heartfelt statement following the judge’s ruling, Abdalla said, “This ruling does not begin to address the injustices the Trump administration has brought upon our family, and so many others. Today, we are celebrating Mahmoud coming back to New York to be reunited with our little family and the community that has supported us since the day he was unjustly taken for speaking out for Palestinian freedom.”
Government Pushback and Ongoing Legal Battles
The White House reacted swiftly to the judge’s decision, condemning the release and maintaining that Khalil should be deported. White House spokeswoman Abigail Jackson criticized the ruling, claiming the judge lacked jurisdiction to order Khalil’s release from a detention facility in Louisiana. She added, “We expect to be vindicated on appeal.”
The administration has accused Khalil of "conduct detrimental to American foreign policy interests" and alleged he obtained his student visa fraudulently—claims his lawyers strongly deny. They argue these allegations are rarely grounds for detention and represent an unfair attempt to keep Khalil imprisoned.
Despite being ordered released by the federal court, Khalil remains entangled in immigration proceedings. On the same day as the release order, a Louisiana immigration judge denied Khalil’s asylum request, ruled he could be deported based on government allegations, and refused to hold a bail hearing. However, Farbiarz’s release order effectively supersedes this bail denial.
Constitutional Challenges and Bail Battles
Judge Farbiarz is also reviewing a constitutional challenge Khalil has filed against his deportation order. He has blocked government officials from deporting Khalil while that challenge moves forward.
In earlier rulings, Farbiarz criticized the Trump administration’s use of a rarely applied law that allows the Secretary of State to seek deportation of non-citizens deemed “adverse” to U.S. foreign policy interests. He said the government’s detention of Khalil under this law infringed on his free speech rights.
On June 13, Farbiarz declined to order Khalil’s release from detention after the government claimed he was held on separate charges for allegedly withholding information on his lawful permanent residency application. Khalil’s legal team denies this and says such charges almost never lead to detention.
By June 16, Khalil’s lawyers requested bail or a transfer closer to his family in New Jersey. At Friday’s hearing, Farbiarz noted it was “highly unusual” for the government to jail an immigrant over application omissions.
The Bigger Picture: A Test Case on Free Speech and Immigration Enforcement
Khalil’s case has become a rallying point for activists and civil rights groups who view it as an example of the Trump administration’s broader efforts to suppress dissent—especially related to Palestine and Israel—through immigration law.
It raises crucial questions about the limits of government power when it comes to detaining individuals for their political beliefs, and the protections guaranteed by the Constitution.
As the legal battle continues, Khalil’s story shines a spotlight on the human cost of these policies, not only for him but for countless immigrant activists whose voices are at risk of being silenced.
What’s Next for Khalil?
Though freed from detention, Khalil’s immigration fight is far from over. He faces ongoing deportation proceedings and must navigate a complicated legal system. But with Judge Farbiarz’s blocking of his deportation for now, Khalil has the chance to reunite with his family and community in New York.
His wife, Noor, and their infant son are eagerly awaiting his return. Their reunion represents not just a personal victory, but a symbol of resilience for immigrant activists facing intimidation and detention.
Key Takeaways:
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Mahmoud Khalil was arrested in March under a Trump administration policy targeting pro-Palestinian foreign students.
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A federal judge ruled the government’s detention of Khalil unconstitutional and ordered his immediate release.
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Khalil is a legal permanent resident and claims he was targeted for his political speech, protected under the First Amendment.
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Despite release, Khalil faces ongoing immigration proceedings, including a denied asylum request and deportation hearings.
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His case highlights tensions between immigration enforcement and constitutional rights, especially free speech.
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Khalil’s family, separated for over 3 months during his detention, is finally reunited as he returns to New York.
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The government is expected to appeal the ruling, so the legal fight continues.
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