In a sharp rebuke to federal authorities, a U.S. judge ruled that the government cannot cloak its immigration actions in the banner of foreign policy to justify the detention of Mahmoud Khalil, a Columbia University student and vocal pro-Palestinian activist.
The ruling came down in Newark, where U.S. District Judge Michael Farbiarz declared that Khalil’s ongoing detention was infringing upon his First Amendment rights. The court found that the use of an obscure immigration law — one that permits the Secretary of State to seek deportation if a non-citizen’s presence is deemed contrary to U.S. foreign policy — could not override constitutional protections.
“This is not just about immigration law — it’s about the right to speak without fear of punishment,” wrote Judge Farbiarz, emphasizing that Khalil faced “irreparable harm” due to the chilling effect on his speech and the damage to his reputation.
Although the judge didn’t order Khalil’s immediate release, he imposed a stay until Friday morning, allowing the administration time to appeal. Farbiarz also explicitly blocked Khalil’s deportation on the contested foreign policy basis.
Khalil, who was arrested in early March after his green card was revoked, has been held in a Louisiana immigration facility for over three months. His arrest marked the first known instance of a foreign student being targeted under the Trump-era crackdown on campus pro-Palestinian protests — a wave of demonstrations ignited after the October 7 Hamas attack on Israel and the ensuing military operations in Gaza.
“This is the moment we’ve been praying for,” said Khalil’s wife, Dr. Noor Abdalla. “He must come home — to me, and to our newborn son, Deen.”
Federal agencies remained silent in the wake of the ruling, declining immediate comment. As the clock ticks toward the Friday deadline, all eyes remain on whether the administration will challenge the judgment — or stand down.
