A federal judge ordered the U.S. government on Friday to release former Columbia University graduate student Mahmoud Khalil from the immigration detention center, who has been in jail since early March while the Trump administration attempted to expel him from his role in the pro-Palestinian protests.
U.S. District Court Judge Michael Farbiarz ruled on the New Jersey bench that the government continued to detain a U.S. resident who is unlikely to flee and has not been accused of any violence, which is “very unusual.”
Farbiarz said in his decision that Khalil may not be a flight risk, “no danger to the community.
He ordered Khalil to be released from a detention center in rural Louisiana late Friday. He said at an hour-long hearing that the government “apparently did not meet” the detention standards.
Khalil is the first arrest of U.S. President Donald Trump joins campus to protest Israeli protesting students in the Gaza war. U.S. Secretary of State Marco Rubio said Khalil must be expelled from the country because his ongoing existence could undermine U.S. foreign policy.
Fabiaz had earlier ruled that the government could not deport Khalil on these grounds, but gave room to continue potential deportation on allegations that he lied to the green card application. Khalil filed charges that he did not file in his application.
Harrier’s attorney asked him to either be released on bail or at least move to New Jersey from a prison in Louisiana so he could get closer to his wife and newborn son, both U.S. citizens.
Mahmoud Khalil, a legal Columbia University student in the country, was arrested by U.S. immigration agents and faced deportation for participating in pro-Palestine protests. It was one of the first known arrests related to the Trump administration’s threat to student activists.
Detained excessively in pro-Palestinian demonstrations
The judge noted that, given his protests and detention on campus, Harrier is now clearly a public figure.
He was detained on March 8 at a Manhattan apartment building for participating in a pro-Palestinian demonstration. His lawyers say the Trump administration is just trying to crack down on freedom of speech.
During the protests in Colombia, Harrier was not charged with violating any laws. The graduate student in International Affairs has served as a negotiator and spokesperson for student activists.
He was not a demonstrator arrested, but his prominence in news reporting and willingness to speak publicly has made him a target for critics.
The Trump administration believes that non-citizens participating in such demonstrations should expel anti-Semitism from the country when considering their views.
The judge noted that Khalil had no criminal record and the government did not provide any evidence that he was involved in violence or property damage.
