Mahmoud Khalil, a Columbia University graduate who led pro-Palestinian protests against the Gaza war and was detained and faced the threat of deportation, was released on bail after 104 days in custody.
According to local media reports on June 21, U.S. District Judge Michael Paviaz in New Jersey ruled on June 20 (local time) that Khalil’s detention was “unconstitutional” and granted Khalil’s request to be released on bail while awaiting trial.
Judge Paviaz also rejected the government’s argument that Khalil posed a threat to the community. In particular, he described the government’s attempt to continue Khalil’s detention based on his employment history as “highly, highly, highly unusual.”
Khalil became a target of immigration authorities shortly after the Trump administration took office, due to his leading role in antiwar protests at Columbia University last year. In March, he was arrested by Immigration and Customs Enforcement (ICE) agents at an apartment near Columbia University and detained at an immigration facility in Louisiana.
The government immediately appealed the court’s order for Khalil’s release. Tricia McLaughlin, spokesperson for the Department of Homeland Security, stated that the authority to determine Khalil’s detention or release rests with an immigration judge, not a district court. She added, “A single rogue district court judge has ordered his release,” and argued, “This is yet another example of how parts of the judiciary are out of control and undermining national security.”
The government revoked Khalil’s permanent residency and sought his deportation by applying a provision of the Immigration and Nationality Act that allows the U.S. Secretary of State to deport immigrants deemed likely to cause potentially serious adverse consequences for the United States.
However, Judge Paviaz ruled that the government’s revocation of Khalil’s permanent resident status under this provision violated the First Amendment’s guarantee of freedom of expression.
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