A federal judge has ordered Columbia University graduate and activist Mahmoud Khalil to be released on bail, more than three months after he was detained.
Mr Khalil became a symbol of the Trump administration’s crackdown on universities and foreign students when US Immigration and Customs Enforcement (ICE) arrested him in New York on March 8.
Mr Khalil was a prominent voice in Columbia’s pro-Palestinian protests last year, and his arrest sparked demonstrations in New York and Washington DC.
US District Judge Michael Farbiarz determined Mr Khalil was not a flight risk or threat to his community, and could be released during immigration proceedings, according to the BBC’s US partner CBS News.
Mr Khalil graduated from Columbia while he was in detention. His wife took his place in the ceremony and accepted his diploma on his behalf.
The government has not accused Mr Khalil of a specific crime.
He has been held by ICE under two charges.
Secretary of State Marco Rubio invoked a rarely-used portion of the Immigration and Nationality Act to argue Mr Khalil’s presence in the US could pose “potentially serious adverse foreign policy consequences.”
Last week, Judge Farbiarz ruled Rubio’s justification for detaining Mr Khalil was likely unconstitutional and said the US government could not detain or deport the 30-year-old legal US resident under that reasoning.
Attorneys for the Trump administration then said Mr Khalil was being held for a different reason, failing to disclose information when he applied for lawful permanent residency in 2024.
Mr Khalil, who has been held in Louisiana since his arrest, remained in custody.
Mr Khalil’s attorneys have argued that the government is violating their client’s free speech rights. They also asked the New Jersey federal court to free him on bail or transfer him closer to his wife and baby, who was born during his detention.
Throughout Friday’s nearly two-hour hearing, Judge Farbiarz, who presides in the District of New Jersey, expressed scepticism of the government’s requests to keep Mr Khalil detained while his case moves forward.
He also said Mr Khalil’s arrest and detention on the second charge was “highly unusual”.
“It’s overwhelmingly unlikely that a lawful permanent resident would be held on the remaining charge here,” Judge Farbiarz said, according to CBS News.
He added that “there is an effort to use the immigration charge here to punish the petitioner” for his protests against Israel’s military actions in Gaza.
The ruling paves the way for Mr Khalil to be released from detention soon. Under the conditions of his release, he will not have to wear electronic monitoring and will be given a certified copy of his passport and green card so he can return from Louisiana.
The government will retain his physical passport. The court barred Mr Khalil from international travel, but he will be permitted some domestic travel to New York and Michigan, as well as New Jersey and Louisiana for court appearances and attorney visits only. He will also be permitted to travel to Washington for lobbying and legislative purposes.
“No one should fear being jailed for speaking out in this country,” said Alina Das, co-director of the Immigrant Rights Clinic at New York University School of Law, who appeared in court to argue for his release on Friday. “We are overjoyed that Mr Khalil will finally be reunited with his family while we continue to fight his case in court.”
“After more than three months we can finally breathe a sigh of relief and know that Mahmoud is on his way home to me and Deen, who never should have been separated from his father,” said Mr Khalil’s wife, Dr Noor Abdalla, in a statement released by the American Civil Liberties Union.
In a statement, White House spokeswoman Abigail Jackson accused Mr Khalil of engaging in “fraud and misrepresentation” and “conduct detrimental to American foreign policy interests.”
The White House also maintains that Judge Farbiarz did not have jurisdiction to order Mr Khalil’s release.
“We expect to be vindicated on appeal, and look forward to removing Khalil from the United States,” Ms Jackson said.
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