Federal judge rules that Mahmoud Khalil’s deportation efforts are likely unconstitutional.
A New Jersey federal judge has expressed concerns regarding the constitutionality of the federal government’s detention of Columbia University graduate student Mahmoud Khalil, stemming from his pro-Palestinian activism. U.S. District Judge Michael Farbiarz indicated on Wednesday that the government’s actions are likely unconstitutional, representing a significant setback for the Trump administration’s approach to college protestors.
While Judge Farbiarz refrained from making a definitive ruling on whether Khalil’s First Amendment rights had been infringed, he suggested that Khalil’s legal team is poised to succeed in asserting that a specific immigration law provision, utilized in his case, is paradoxically vague and potentially illegal. The Department of Homeland Security did not provide immediate comments regarding the ruling or Khalil’s situation.
Khalil, aged 30, was apprehended on March 8 in his Columbia University apartment after authorities sought to revoke his green card. This action was based on a rarely invoked section of the 1952 Immigration and Nationality Act, which grants the Secretary of State the authority to deport individuals deemed detrimental to U.S. foreign policy interests.
Judge Farbiarz framed the current legal dispute not as a question of competing narratives surrounding events at Columbia between 2023 and 2025, nor about the broader implications of Khalil’s First Amendment protections. Instead, he focused on whether the Constitution permits the Secretary of State to use this provision to authorize Khalil’s removal from the country, with the preliminary answer coming down on the side of likely constitutional protection.
The administration’s characterization of pro-Palestinian support as antisemitic and akin to endorsing Hamas has intensified scrutiny of Khalil’s activism. Khalil has publicly rejected this narrative, condemning any form of anti-Jewish harassment and denying any links to Hamas.
Although an immigration judge in Louisiana has ruled Khalil deportable, his legal representation has sought judicial clarification on the constitutional issues implicated in this case. As an unprecedented instance of an international student facing immigration detention under the Trump administration’s policies, Khalil finds himself in a troubling legal landscape, with other federal judges recently moving to release various student activists on bail.
Khalil remains in custody in Louisiana, having missed significant personal milestones, including the birth of his first child and his graduation from Columbia. The court has requested further information to clarify his eligibility for bail, while his legal team expresses determination in advocating for his release or prompt return to his family.
As the case progresses, Judge Farbiarz indicated that he would soon issue an order delineating the next steps in the proceedings. Khalil’s legal representatives reiterated their commitment to overcoming the challenges posed by the government, asserting that each day he is held in detention is a significant injustice.
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