A federal judge has ordered the release of Mahmoud Khalil, an anti-Israel activist, on bail while his immigration and civil cases are processed. Judge Michael Farbiarz, appointed by President Biden, made this decision during a hearing in New Jersey. He determined that Khalil was neither a flight risk nor a danger to the community, calling his detention "highly unusual."
Khalil, a lawful permanent resident and a student at Columbia University, was arrested in March outside his apartment. He immediately filed a habeas corpus lawsuit to challenge his detention. His lawyers argued that his imprisonment in an immigration detention center in Louisiana was an "exceedingly rare" action by the government, suggesting it was unconstitutional retaliation for his activism.
The case has drawn attention due to its implications for free speech and immigration rights. Khalil’s attorneys have claimed that the government is targeting him for his opposition to Israeli policies, particularly in light of the ongoing conflict in Gaza. They argue that the Trump administration is using immigration law to suppress dissent.
Khalil was found removable based on a memo from Senator Marco Rubio, which stated that his campus activism conflicted with U.S. foreign policy. However, Judge Farbiarz later ruled that the secretary could not use that determination to justify Khalil’s detention.
The Department of Homeland Security has since added another reason for his detention, claiming that Khalil failed to disclose important information on his green card application related to his affiliations with certain groups, including the Columbia University Apartheid Divest.
Khalil’s case has become a focal point for activists who argue that it highlights broader issues of free speech and immigration enforcement. The government contends that he violated immigration law by allegedly showing support for Hamas through his activism.
As his legal battle continues, Khalil has requested to be transferred to an immigration facility closer to his family and legal team. The Department of Justice has argued that the court lacks the authority to release him due to pending charges regarding his green card application.
This situation is evolving, and more updates are expected as the legal proceedings unfold.