Judge Rules Against Deportation of Mahmoud Khalil Over Foreign Policy Claims

/ CBS News

On Wednesday, a U.S. federal judge decided that Mahmoud Khalil, an activist affiliated with Columbia University, cannot be deported or held by the federal government based on the foreign policy reasons put forth by the Trump administration.

The order, issued by Judge Michael Farbiarz of the U.S. District Court in New Jersey, will only come into force Friday, allowing time for a possible appeal by the federal government. This ruling challenges efforts by the Trump administration to expel Khalil, who possesses a green card and has been in detention in Louisiana since March after being apprehended by immigration officials.

The decision emphasizes that Secretary of State Marco Rubio’s claim that Khalil’s stay would damage key U.S. foreign policy interests is likely unconstitutional. Previously, the judge refrained from imposing an injunction until now.

Farbiarz concluded that Khalil's professional life and reputation were being harmed, and his freedom of expression was being threatened, which resulted in significant, irrevocable damage.

Significantly, the judge noted his findings do not prevent the government from pursuing Khalil's removal for other motivations not related to the Secretary of State's assessment. This indicates that while Khalil could be expelled for accusations of omissions on his green card documentation, the judge suggested that the current detention is primarily due to Rubio’s reasoning, not the paperwork errors, as it is uncommon for green card omissions to lead to detention.

Inquiries have been made to the State and Justice Departments for their comments on the matter.

The Trump administration is endeavoring to deport Khalil and a number of other students with international status involved in pro-Palestinian activism at academic institutions. The administration often invokes a policy allowing deportation under conditions where individuals' presence might provoke unfavorable foreign policy outcomes, according to the Secretary of State.

In a similar case, Mohsen Mahdawi, another Columbia student with a green card and participant in pro-Palestinian rallies, was detained shortly after Khalil while attending what he believed was a citizenship meeting. Tufts University graduate student Rumeysa Ozturk experienced detention for weeks, allegedly for co-authoring a critical campus article, and both students remain at risk of deportation.

These actions have elicited strong opposition from critics who view them as retaliatory measures against students for exercising free speech, protected under the First Amendment. A judge compared such tactics to McCarthyism of the 1950s.

However, the administration contends it reserves the authority to annul visas, citing allegations of antisemitic or menacing actions by some students, allegations the students deny.

"We undertake this routinely. Upon encountering individuals who are threats, I revoke their visas," Marco Rubio remarked.

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Joe Walsh serves as a senior editor focusing on digital politics for CBS News, with prior experience in breaking news coverage for Forbes and local journalism in Boston.