US Judge Orders Release of Mahmoud Khalil from Immigration Custody
US Judge Orders Release of Mahmoud Khalil from Immigration Custody
Mahmoud Khalil, a Columbia University graduate and pro-Palestinian activist, was released from immigration custody on June 20, 2024, following a ruling by US District Judge Michael Farbiarz of the U.S. District Court for New Jersey. Khalil, a legal permanent resident of the United States, had been detained since March 8, 2024, after being arrested by immigration agents in Manhattan.
The arrest followed President Donald Trump’s stated policy to deport foreign students participating in pro-Palestinian protests, which the President had characterized as anti-Semitic. Khalil was reportedly the first individual targeted under this policy. He was initially held at an immigration detention center in Jena, Louisiana.
Judge Farbiarz’s June 20th ruling followed earlier legal challenges. On June 13, 2024, the judge had ruled that the government’s detention of Khalil violated his free speech rights under a little-used law allowing deportation of non-citizens deemed adverse to US foreign policy interests. However, the government argued that Khalil’s detention was based on a separate charge: withholding information from his application for lawful permanent residency. Khalil’s lawyers denied this allegation.
In his June 20th decision, Judge Farbiarz stated that the government’s continued detention of Khalil was “highly, highly, highly unusual,” noting the lack of evidence presented by the Department of Homeland Security (DHS) to demonstrate that Khalil was a flight risk or a danger to the public. The judge further commented that there was evidence suggesting an attempt to use the immigration charge to punish Khalil, which he deemed unconstitutional.
The government’s June 17, 2024, filing argued that Khalil’s request for release should be addressed to the judge overseeing his separate immigration deportation case, not to Judge Farbiarz, who was considering the constitutionality of Khalil’s arrest and detention. Khalil’s lawyers, however, had previously urged Judge Farbiarz to grant their client’s request for release on bail or transfer to a detention facility closer to his family in New York.
Khalil, 30 years old at the time of his arrest, became a US permanent resident in 2024. His wife and newborn son are US citizens. He publicly condemned anti-Semitism and racism in interviews with various news outlets in 2024.
The Secretary of State, Marco Rubio, is reported to have personally ordered Khalil’s deportation, citing his activism as a threat to U.S. foreign policy goals regarding antisemitism. Khalil’s release from custody will allow him to continue to fight the government’s attempt to deport him through the ongoing federal court challenge.
Following the June 20th ruling, Mahmoud Khalil was released from immigration custody. The legal challenge to his deportation continues.
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