A federal judge ruled on Friday that Mahmoud Khalil, a pro-Palestinian activist affiliated with Columbia University, will remain in Immigration and Customs Enforcement (ICE) custody.
This decision followed a shift in the federal government’s legal approach.
The Trump administration argued it could continue to detain Khalil, a green card holder, based on an omission in his permanent residency application.
Specifically, the government claimed Khalil failed to report work experience on his application.
This legal strategy change came after District Judge Michael Farbiarz ruled earlier in the week that Khalil could not be detained solely due to Secretary of State Marco Rubio’s designation of him as a threat to U.S. foreign policy.
On Friday, the government said, “Khalil is now detained based on that other charge of removability. Detaining Khalil based on that other ground of removal is lawful.”
Judge Farbiarz’s initial ruling had suggested the government could pursue other grounds to detain Khalil or appeal the decision, per Trending Politics.
“To be sure, it might be argued that the Petitioner would be detained anyway,” Farbiarz had stated Wednesday. “The Department of Homeland Security is seeking to remove the Petitioner not only based on the Secretary of State’s determination, but also on a second basis, the Petitioner’s alleged failure to accurately complete his lawful-permanent-resident application.”
According to NewsNation, the government delayed presenting this revised case until the last moment. Khalil was scheduled to be released at 9:30 a.m. Friday, but he remained in custody past that time.
Khalil’s attorneys filed a motion asking Judge Farbiarz to order his immediate release. The judge allowed the Trump administration until 1:30 p.m. Friday to respond.
Khalil, who was a lead negotiator for Columbia University’s pro-Palestinian encampment last spring, was arrested on March 8. His arrest marked the first known instance of an activist targeted under the Trump administration’s crackdown on foreign students involved in political activism.
He has now been detained for three months and has missed significant personal milestones during this time, including the birth of his first child.
In court documents submitted last week, Khalil described the emotional toll of his detention. “The most immediate and visceral harms I have experienced directly relate to the birth of my son, Deen,” he said.
He recounted that instead of being with his wife during labor, he was confined in a detention center. “I was crouched on a detention center floor, whispering through a crackling phone line as she labored alone,” Khalil stated.
He added, “I listened to her pain, trying to comfort her while 70 men slept around me.”
The case has drawn attention to the broader crackdown on pro-Palestinian activists and foreign students involved in political movements.
Some other pro-Palestinian activists detained by ICE have since been released as their immigration hearings proceed in court.
Khalil’s case continues to be closely watched amid ongoing debates about immigration enforcement and the rights of political activists who are also foreign residents.
The Trump administration’s legal victory on Friday ensures Khalil remains in custody as the government builds its case for removal.
Even some of the judges rendering decisions do not have a clue to what the word illegal means.