Judge Rules Trump Admin's Attempt to Deport Mahmoud Khalil Likely Violates Constitution
A federal judge in New Jersey decided on Wednesday that the Trump administration’s attempt to deport Palestinian rights advocate Mahmoud Khalil based on foreign policy reasons is probably unconstitutional. However, the judge did not release him from detention.
In an extensive ruling, U.S. District Judge Michael Farbiarz stated that Khalil has a strong chance of proving his case, asserting that the government's classification of him as a danger to U.S. foreign policy is unconstitutionally ambiguous.
Farbiarz said the a seldom-applied clause in immigration legislation was invoked by the authorities to justify Khalil's imprisonment The decision deemed it "unconstitutional as applied" for Khalil and noted that Secretary of State Marco Rubio did not "specifically conclude" that Khalil’s actions affected U.S. diplomacy with another nation.
Farbiarz stated that deporting Khalil under this provision would be "unprecedented."
"The district court confirmed what was previously understood: Secretary Rubio's misuse of immigration laws to penalize Mahmoud and similar individuals is probably unconstitutional," stated Khalil's legal team in an interview with NBC News.
They mentioned further that his ongoing imprisonment is an "outrage to justice" and pledged to keep striving for his release.
The Department of Justice and the State Department did not promptly reply to NBC News' request for comments on Wednesday evening.
Farbiarz's decision was significant as it represented the initial instance where a federal judge addressed the constitutional aspects of how the Trump administration utilized the immigration statute.
He instructed Khalil's legal representatives to provide further documentation as he reviews their plea for his release and to prevent the authorities from applying the statute to other non-citizens who have voiced support for Gaza or criticized Israel throughout the duration of the proceedings.
Nevertheless, Farbiarz stated, Khalil's lawyers haven't presented a "significant case" refuting the accusations that Khalil failed to disclose details on his application for permanent residence. Farbiarz mentioned that his legal team has permission to tackle this matter in future submissions.
Khalil, a long-term resident of the United States, was taken into custody at his residence in Columbia University in March. This arrest came as part of President Donald Trump’s efforts to crack down on international students whom his administration claims pose a risk to American foreign policy.
Following his apprehension in New York, Khalil was initially taken to a holding center in New Jersey before being moved to an Immigration and Customs Enforcement (ICE) detention center in Jena, Louisiana, where he remains incarcerated.
The Assistant Secretary of Homeland Security, Tricia McLaughlin, stated in an announcement on Wednesday evening: “Being awarded a visa to reside and pursue education within the United States of America is indeed a privilege. Should someone endorse violence or terrorism, that privilege ought to be rescinded, and they should consequently no longer remain in our nation.”
Khalil's lawyers have presented proof refuting claims of antisemitism and asserted that he never offered assistance to Hamas or any other terrorist group.
In recent weeks, multiple federal judges have instructed the administration to free several other pro-Palestinian activists, including Mohsen Mahdawi , Rumeysa Ozturk and Badar Khan Suri , from immigration detention as they contest the administration's attempts to remove them.
This piece was initially published on CNBNews