Trump administration to continue to detain Mahmoud Khalil

Judge’s Initial Ruling (Wednesday, June 11): U.S. District Judge Michael Farbiarz in New Jersey had ruled that the government must release Mahmoud Khalil, a former Columbia University graduate student, stating that his detention and potential deportation based on Secretary of State Marco Rubio’s determination of “adverse foreign policy consequences” was likely unconstitutional and violated his free speech rights. The judge put a temporary hold on his order until Friday morning to allow the government to appeal.

Trump Administration’s Response (Friday, June 13): The Trump administration did not release Khalil. Instead, they submitted additional court papers arguing that they have another reason for detaining him: alleged omissions and inaccuracies on his green card application. They claim that their previous basis for detention (foreign policy implications) was separate from these new allegations.

Judge’s Latest Decision (Friday, June 13): Judge Farbiarz, in response to the government’s new argument, has effectively allowed the Trump administration to continue detaining Khalil based on these alleged immigration fraud charges. He noted that his initial ruling on the “foreign policy” grounds did not prevent detention on other charges. The judge advised Khalil’s lawyers to seek release on bail from the immigration court where his deportation trial is being held in Louisiana.

Lawyers’ Reaction: Khalil’s legal team, including the ACLU, has vehemently criticized this development, calling it “cruel, transparent delay tactics” designed to keep him away from his wife and newborn son, who was born while Khalil has been in detention. They argue that detaining someone for alleged immigration fraud of this nature is highly unusual and that this is a political maneuver to punish Khalil for his pro-Palestinian advocacy.

Background: Mahmoud Khalil, a lawful permanent resident, was detained by federal immigration agents on March 8. His arrest was one of the first high-profile actions under President Trump’s crackdown on students involved in pro-Palestinian demonstrations, with the administration accusing him of “siding with terrorists” without providing specific evidence of criminal activity.

In essence, while one legal avenue for his release was opened, the Trump administration quickly moved to another legal basis to keep him in custody, ensuring his continued detention for the foreseeable future.