Federal Judge Orders Release of Student Detained Over Campus Activism
Student negotiator Mahmoud Khalil on the Columbia University campus in New York at a pro-Palestinian protest encampment on Monday, April 29, 2024. Ted Shaffrey/AP
In a landmark decision, a federal judge has mandated the release of Mahmoud Khalil from immigration custody, over three months after his initial detention. Khalil, the first student to face deportation under President Trump’s campaign against pro-Palestinian demonstrators, was apprehended for his activism at Columbia University.
Judge Michael Farbiarz, during a phone hearing, described the government’s actions as “highly, highly, highly unusual.” Farbiarz had previously determined that Khalil’s detainment was likely unconstitutional. “There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish Mr. Khalil,” Farbiarz stated, emphasizing the unconstitutional nature of such actions.
Khalil’s release is a significant triumph, marking him as the last non-U.S. citizen student in custody due to the Trump administration’s crackdown. A legal permanent resident married to a U.S. citizen, Khalil missed the birth of his first child while being detained.
“No one should fear being jailed for speaking out in this country,” expressed Alina Das, Khalil’s attorney. “We are overjoyed that Mr. Khalil will finally be reunited with his family while we continue to fight his case in court.”
Following the release order, the Justice Department sought a week’s delay to appeal, but Judge Farbiarz denied this request. However, he placed conditions on Khalil’s release, requiring the surrender of his Algerian passport, even though Khalil is not seen as a flight risk.
Khalil’s arrest occurred on March 8, orchestrated by ICE agents following an order from Secretary of State Marco Rubio. Rubio argued Khalil’s activism conflicted with U.S. efforts against antisemitism. Khalil has since been held at a detention center in Jena, Louisiana, awaiting legal proceedings.
As Khalil regains his freedom on bail, his deportation challenge continues in federal court.
This is a developing story and will be updated.
This article was originally written by www.npr.org
