A federal judge has ordered that Mahmoud Khalil, an anti-Israel activist, be released on bail while his immigration and civil cases are still in the courts. This decision came after Judge Michael Farbiarz, appointed by President Biden, determined that Khalil is neither a flight risk nor a danger to the community, making his detention "highly unusual."
Khalil, who is a lawful permanent resident, was arrested in March outside his apartment at Columbia University. His lawyers argued that his detention in an immigration facility in Louisiana was unconstitutional and an unusual action by the government. They emphasized that Khalil’s imprisonment was not only rare but also retaliatory due to his activism against Israel.
During a recent hearing, Khalil’s legal team highlighted the extraordinary circumstances surrounding his case. They requested that he either be released on bail or transferred to a facility closer to his family and legal representatives in New Jersey.
The background of Khalil’s situation involves a controversial memo from Secretary of State Marco Rubio, which stated that Khalil’s campus activism conflicted with U.S. foreign policy. This memo was used by an immigration judge to find Khalil removable from the U.S. However, Judge Farbiarz later ruled that this determination could not be used against him.
The Department of Homeland Security (DHS) has since added another reason for Khalil’s detention, claiming he failed to disclose significant information on his green card application regarding his affiliations, including his involvement with the Columbia University Apartheid Divest movement.
Khalil’s case has sparked significant debate among immigration rights advocates and anti-Israel protesters, who argue that the government is punishing him for expressing dissenting views. They believe this could have a chilling effect on free speech, particularly regarding opposition to U.S. policies in the Middle East.
The Department of Justice has argued against Khalil’s release, stating that the court lacks authority to free him while the second claim about his immigration status is still pending. They maintain that he is being held because of allegations of misrepresentation in his immigration application.
As the situation develops, Khalil’s case continues to draw attention, highlighting the intersection of immigration law, free speech, and political activism in the United States.