Judge Allows Mahmoud Khalil to Stay in Custody During Green Card Dispute

A federal judge has ruled that Mahmoud Khalil, a student protester at Columbia University, will remain in custody due to allegations of immigration fraud. Judge Michael Farbiarz made this decision in Newark, New Jersey, stating that Khalil’s legal team did not provide sufficient evidence to prove that his detention was unlawful.

Khalil, who was involved in protests against Israel’s actions in Gaza, is the first high-profile student arrested under the Trump administration’s efforts to expel foreign students participating in pro-Palestinian activism. Just days before the ruling, it seemed that Khalil might be released, as Judge Farbiarz indicated that the basis for his detention under the Immigration and Nationality Act might be unconstitutional. This law allows the Secretary of State to remove foreign nationals if their presence could harm U.S. foreign policy. However, Farbiarz concluded that the administration’s actions violated Khalil’s freedom of speech.

Despite this, the Trump administration filed new documents claiming that Khalil, a permanent U.S. resident, failed to disclose important information on his green-card application. They allege he did not mention his work with the United Nations Relief and Works Agency for Palestine Refugees, which has been accused by some of having ties to Hamas, although these claims lack evidence. Khalil insists he was never an officer with UNRWA, stating he only completed an internship there through Columbia University.

The administration also claims that Khalil misrepresented his employment duration with the British Embassy in Beirut. Khalil’s team argues that he accurately reported his departure date.

Judge Farbiarz had initially set a deadline for the government to appeal Khalil’s potential release, which was later extended. Ultimately, he allowed the administration to continue holding Khalil and suggested his lawyers seek bail from the immigration court hearing his deportation case in Louisiana.

Khalil’s attorney, Marc Van Der Hout, criticized the immigration fraud charges as politically motivated and highly unusual. Another lawyer, Amy Greer, expressed concern for Khalil’s family, noting that he would miss celebrating his first Father’s Day with his newborn child due to his detention. She described the situation as unjust and a punishment for Khalil’s advocacy on behalf of Palestinians.