A federal judge declined Friday to order the Trump administration to release pro-Palestinian activist Mahmoud Khalil from immigration detention despite finding that the basis for his arrest and initial detention was illegal.
Judge’s Ruling on Mahmoud Khalil’s Detention
U.S. District Judge Michael Farbiarz ruled Wednesday that Secretary of State Marco Rubio’s decision to revoke Khalil’s green card and tee up his deportation was likely unconstitutional retaliation for his role organizing pro-Palestinian protests on Columbia University’s campus last year. But on Friday, Farbiarz said the administration could continue to keep Khalil detained in Louisiana, where he’s been locked up since March, on a separate alleged immigration violation that officials lodged after his arrest.
Legal Basis for Detention
That violation was based on an allegation that Khalil failed to list prior employers and membership in certain organizations when he obtained his green card. Khalil and his attorneys say the second charge was linked to the same retaliation campaign.
Continued Detention of Mahmoud Khalil
But Farbiarz ruled Friday that the administration could continue to detain Khalil on the basis of that alleged paperwork violation.
“That second charge has not been preliminarily enjoined by the court,” Farbiarz wrote in response to a demand for clarity from Khalil’s attorneys.
Legal Advocates’ Disappointment
Farbiarz’s ruling dashed the hopes of Khalil’s advocates that he might walk free Friday morning, when Farbiarz’s earlier order blocking his detention under the Rubio determination took effect.
“We are profoundly disappointed that Mahmoud has to bear any more delay and detention from this historically outrageous government conduct,” said Baher Azmy, an attorney for Khalil.
Judge’s Findings on Detention
Farbiarz’s Friday ruling came despite his finding Wednesday that it was “overwhelmingly likely” that the alleged green card application violation was not the reason he was being held by immigration authorities. Rather, he said, the detention “almost surely flows from the charge that is based on the Secretary of State’s determination.”
Legal Precedence
The judge also noted Wednesday that people are rarely detained for the paperwork infraction Khalil is accused of.
“The evidence is that lawful permanent residents are virtually never detained pending removal for the sort of alleged omissions in a lawful-permanent-resident application that the Petitioner is charged with here,” Farbiarz wrote in the initial ruling.
Next Legal Steps for Mahmoud Khalil
In his Friday order, Farbiarz noted that Khalil can seek a bond hearing from an immigration judge on the second charge.
An immigration judge in Louisiana ruled weeks ago that Khalil can be deported as a national security risk. Khalil is expected to appeal the immigration judge’s ruling.
