Columbia University Student Mahmoud Khalil Released from Immigration Detention
Columbia University Student Mahmoud Khalil Released from Immigration Detention
Mahmoud Khalil, a 30-year-old lawful permanent resident and Columbia University graduate student, was released from immigration detention on June 20, 2024, following a federal judge’s order. The release came after a legal battle stemming from his arrest on March 8, 2024, at his Manhattan apartment by Immigration and Customs Enforcement (ICE) agents.
Khalil’s detention was initiated following Secretary of State Marco Rubio’s determination that Khalil’s pro-Palestinian activism threatened U.S. foreign policy interests. This determination invoked a law allowing the removal of foreign nationals deemed adverse to U.S. foreign policy. The government also alleged that Khalil fraudulently misrepresented material facts on his application for permanent residency, specifically regarding his involvement with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
U.S. District Judge Michael Farbiarz of New Jersey presided over Khalil’s case. On June 11, 2024, Judge Farbiarz ruled that the government could not detain or deport Khalil based solely on Secretary Rubio’s assertion of a national security threat. However, Khalil remained detained due to the government’s allegations of fraudulent misrepresentation on his residency application. On June 20, 2024, Judge Farbiarz ordered Khalil’s release, citing “extraordinary circumstances” related to findings on Khalil’s flight risk and dangerousness to the community. The judge noted that the government did not contest evidence showing Khalil was neither a flight risk nor a danger, and presented no proof of violence, property destruction, or incitement to violence. The judge also expressed concern about the potential chilling effect on free speech.
The government did not present evidence to support its claim that Khalil’s activism threatened U.S. foreign policy goals of fighting antisemitism. Khalil and his lawyers have disputed allegations of antisemitism, characterizing the government’s actions as an attempt to silence criticism of Israel and falsely equating pro-Palestinian activism with antisemitism. Khalil’s lawyers argued that his prolonged detention was punitive and violated his constitutional rights of free speech and due process.
Khalil’s wife, Noor Abdalla, issued a statement expressing relief at his release and highlighting the family separation caused by his detention. His lawyers, including Alina Das, co-director of New York University School of Law’s Immigrant Rights Clinic, also issued statements celebrating the release while emphasizing their intention to continue fighting the case in court.
The White House announced its intention to appeal Judge Farbiarz’s decision and stated its desire to remove Khalil from the United States. The government’s statement alleged that Khalil obtained his student visa through fraud and misrepresentation and engaged in conduct detrimental to American foreign policy interests. Judge Farbiarz, in his order, mandated that Khalil surrender his Algerian passport while his case proceeds. Khalil was held at a detention center in Jena, Louisiana, from March 8, 2024, until his release, a period that included the birth of his first child in April 2024.
Khalil’s case is significant as it was the first of several high-profile incidents involving the detention and targeting for deportation of pro-Palestinian student activists. His arrest and subsequent legal battle have drawn attention to concerns about the potential for suppressing political speech through immigration enforcement.
As of June 20, 2024, Mahmoud Khalil has been released on bail pending the outcome of the government’s appeal. The legal challenge to his deportation continues in federal court.
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