Trump can't use foreign policy to justify Khalil's detention: US judge

A federal judge ruled Wednesday that the Trump administration cannot justify the detention of Mahmoud Khalil, a former Columbia University student and legal US resident, on the basis of US foreign policy interests. The decision marks a significant legal setback for the administration’s efforts to deport foreign students involved in pro-Palestinian campus protests.

US District Judge Michael Farbiarz ruled that Khalil’s detention violated his First Amendment rights, describing it as causing “irreparable harm” by chilling his freedom of speech and inflicting lasting damage on his career and reputation.

"The Petitioner’s career and reputation are being damaged and his speech is being chilled," Farbiarz wrote in his decision. "This adds up to irreparable harm."

While the judge ordered Khalil’s release, he delayed enforcement of the ruling until 9:30 a.m. Friday is the day to allow the administration time to appeal. Khalil must also post a symbolic USD 1 bond before being freed.

WHEN WAS KHALIL ARRESTED?

Khalil was arrested by immigration agents on March 8 in the lobby of his university-owned apartment in New York, shortly after the State Department revoked his green card. He was transferred to an immigration detention center in Jena, Louisiana, thousands of miles from his attorneys and his wife, a US citizen who gave birth to their first child during his detention.

The Trump administration, through Secretary of State Marco Rubio, invoked a rarely used statute allowing the deportation of noncitizens deemed detrimental to US foreign policy.

Khalil, however, is not accused of breaking any laws. His lawyers argue the detention is part of a politically motivated crackdown on dissent following student-led protests over Israel’s military campaign in Gaza.

Khalil’s case is among several involving pro-Palestinian student activists across the US. While the White House has accused him of “siding with terrorists,” it has not presented any evidence to support the allegation.

(With inputs from agencies)