Mahmoud Khalil Hearing: See the video of outside activities
Scenes other than the hearing of Columbia University alumnus Mahmoud Halil, who was taken into custody in US District Court in Newark on Friday, March 28, 2025.
A federal judge ruled that the Trump administration’s attempt to deport Columbia graduate Mahmoud Khalil for his activities or beliefs was unconstitutional.
In the 106-page opinion, U.S. District Judge Michael Farbeers wrote that Halil is likely to succeed because the legal provisions used to justify his detention were “unconstitutional and ambiguous.” New Jersey district chair Fabiartz released his opinion on May 28th.
Similarly, the judge denied Halil’s bid for release from the Louisiana immigration detention center due to the US government’s allegations that his residents were inaccurately included. The judge wrote that these allegations need more scrutiny.
Immigration agents arrested Halil, a green cardholder who married an American citizen on March 8th in the lobby of a student apartment in Manhattan. A Palestinian born in Syria, Halil was a spokesman and negotiator for pro-Palestinian protesters at Columbia University.
Although Halil has not been charged with a crime, the Trump administration argued that if the Secretary of State discovers that their existence threatens the interests of our foreign policy, non-citizens could be deported. They cited on the basis of rarely used provisions of immigration and nationality.
Halil’s detention comes amid a crackdown on the Trump administration over Palestinian protests that were confused with support for terrorism and anti-Semitism. Protesters say the government’s allegations are false and an attempt to curb criticism of Israel.
Federal judges say the justification for deporting Mahmoud Khalil is vague
Farbiarz wrote that in making such a decision, the US government must “meet higher standards.” He added that the Foreign Policy Act is not permitted, and that it is not clear about the limits of government power.
Secretary of State Marco Rubio argued that Halil’s activities fostered a hostile environment for Jewish students and undermined US policies to combat anti-Semitism. However, the government had not identified how Halil’s actions had an impact on his relationship with other countries, Farbeers wrote.
Halil and his lawyers have denied the anti-Semitism allegations, and US officials say they are mistakenly confusing criticism of Israel with anti-Semitism.
“For at least for now, this case is not about choosing a competing account for what happened in Columbia between 2023 and 2025,” Farbeers said. “Or as to whether the petitioner’s initial right to amendment is violated. Rather, the question before the court is: Does the Constitution allow the Secretary of State to attempt to remove the petitioner from the United States using Section 1227 (of Immigration Act), which was applied through the decision?
The US government also alleged that Halil had inaccuracies about his employment history and his affiliation in his lawful permanent residence application that guarantees his removal. Halil is unlikely to succeed in this, Fabiartz wrote, adding that more information is needed.
Halil’s lawyer: “I won’t quit my job until he’s free.”
On October 7, 2023, Palestinian protests swept over university campuses across the United States after attacks on Israel and Israel’s subsequent military assaults. Halil, who graduated with a Masters degree in Columbia in December, was the first publicly known case of the Trump administration attempting to deport students with pro-Palestinian speech and activism.
Halil and his supporters say his attempts to arrest and deport him are a violation of his right to free speech under the first amendment to the US Constitution. Civil rights groups say it can set precedents on non-citizen civil rights.
In a statement, Khalil’s legal team said they would give Falbialz additional arguments they asked as soon as possible, according to Reuters.
“Mahmoud spends his daily suffering in an ice detention facility in Iena, Louisiana, a humiliation for justice and will not quit his job until he is free,” his lawyer said in a statement.
In recent weeks, federal judges have ordered the release of other college students from immigration detention, but they have challenged the government’s efforts to deport them.
On May 9, a federal judge in Vermont ordered the Trump administration to praise doctoral students at Tufts University in Turkey for video-recorded detention by immigration agents earlier this year. RümeysaÖztürk was taken into custody by ordinary immigrants and customs enforcement agents on March 25th while walking along the sidewalk near a home in the Boston area.
Mohsen Mahdawi, another Columbia University student and a pro-Palestinian activist, was released in April after being arrested by a Department of Homeland Security agents. Born and raised in a refugee camp on the West Bank, Mahadawi was detained on April 14th as he appeared on an appointment to become a US citizen.
Contributors: Fernando Cervantes Jr. and Trevor Hughes, USA Today. Reuters
