Columbia University Activist Mahmoud Khalil Released on Bail After Three Months in Immigration Detention

Mahmoud Khalil, a Columbia University activist and legal permanent resident, was released from immigration detention on Friday, July 28, 2023, after more than three months in custody. His release followed a federal judge’s order in the U.S. District Court for New Jersey.

Khalil, a 30-year-old Algerian citizen married to a U.S. citizen, was arrested on March 8, 2023, at his New York apartment by Immigration and Customs Enforcement (ICE) agents. The initial reason cited for his detention was a rarely used 1952 immigration law statute, alleging his pro-Palestinian activism threatened U.S. foreign policy interests. This claim was not supported by evidence, and no criminal charges were filed against Khalil.

Approximately a week after his arrest, an additional charge was levied against Khalil in immigration court, accusing him of fraud on his 2024 green card application. A Louisiana immigration judge was considering these charges. On the day of his release, this judge ordered Khalil’s deportation.

In a hearing on July 28, 2023, U.S. District Judge Michael Farbiarz ruled that the government’s continued detention of Khalil was “highly, highly, highly unusual,” suggesting a possible unconstitutional attempt to punish him for his activism. Judge Farbiarz found that Khalil was not a flight risk and did not pose a danger to the community. He ordered Khalil’s release, rejecting a Justice Department request for a one-week delay to appeal the decision.

While Judge Farbiarz did not consider Khalil a flight risk, conditions were placed on his release. He was required to surrender his Algerian passport and restrict his travel to New York, New Jersey, Louisiana, Michigan, and Washington D.C. (the latter three for lobbying and legislative purposes only).

The Department of Homeland Security (DHS) issued a statement disagreeing with Judge Farbiarz’s decision, asserting that an immigration judge, not a district judge, had the authority to determine Khalil’s release or detention. The DHS maintained that its actions were “well within its constitutional and statutory authority.”

Khalil’s legal team stated their intention to quickly transport him back to New York to reunite with his wife and infant son, who was born while Khalil was detained. His wife, Dr. Noor Abdalla, accepted his Columbia University diploma on his behalf in June. Khalil’s lawyers, including Alina Das from the Immigrant Rights Clinic at NYU School of Law, celebrated his release, emphasizing that no one should fear imprisonment for exercising their right to free speech.

Following Khalil’s release, the Department of Justice filed a notice of appeal with the Third Circuit Court of Appeals. Khalil’s case continues in both the New Jersey federal courts (challenging the lawfulness of his detention) and the Louisiana immigration court (addressing the deportation order).

Khalil’s release followed the release of other non-citizen college activists who had been detained for similar reasons. While their immigration cases remain pending, Khalil’s release marks a significant development in his case and the broader context of the Trump administration’s actions targeting pro-Palestinian student activists.

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