Judge Frees Columbia Protester Khalil as Tensions Simmer

On Wednesday, U.S. District Judge Michael Farbiarz made the ruling that the government must release Mahmoud Khalil, a former Columbia University graduate student, who has been in custody following his participation in pro-Palestinian demonstrations. The Trump administration had been seeking his deportation.

Mr. Khalil, a legal U.S. resident, was arrested on March 8th by federal immigration agents from his university-owned apartment. This marked the first arrest under the current administration’s crackdown on students involved in campus protests against the war in Gaza. Following his arrest, Khalil was transferred to an immigration detention center in Jena, Louisiana, a considerable distance from his legal counsel and family.

Khalil’s legal team contested the legality of his detention, suggesting that the Trump administration was suppressing free speech. The Secretary of State, Marco Rubio, claims that Khalil’s presence in the U.S. could potentially harm foreign policy. However, Judge Farbiarz had previously deemed expulsion on such grounds likely unconstitutional.

Khalil’s continued detention was causing irreparable harm to his personal life and career. The judge gave the government until Friday to appeal the decision, also requiring Khalil to post a $1 bond before his release. “The court’s decision is the most significant vindication yet of Mahmoud’s rights,” commented Ramzi Kassem, co-director of CLEAR, a legal nonprofit that represents Khalil.

Judge Farbiarz’s ruling referenced Khalil’s statement regarding the revocation of his green card, which had significantly impacted his career prospects and deterred him from engaging in constitutionally protected protests. The judge noted, “The Court finds as a matter of fact that the Petitioner’s career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm.” The judge also pointed out that lawful permanent residents are seldom detained for alleged omissions in applications, such as the ones Khalil was charged with.

Khalil disputed the Trump administration’s claims regarding his green card application. He furthermore maintained that he was a “negotiator and facilitator” between student protesters and the university administration and not a “member” of any particular group.

Secretary Rubio has invoked a seldom-used statute to justify the deportation of Khalil and others, citing “potentially serious adverse foreign policy consequences for the United States.” Yet, Khalil isn’t accused of breaking any laws during the Columbia protests. The government, nevertheless, insists that noncitizens participating in such demonstrations should be expelled from the country for expressing views perceived as antisemitic and “pro-Hamas.”

The Trump administration is withholding at least $400 million in federal funding from research programs at Columbia and its medical center, alleging inadequate measures against campus antisemitism. Some Jewish students and faculty reported harassment or ostracism due to their faith or support of Israel during the demonstrations.