A federal judge issued a ruling on Friday, mandating the release of Mahmoud Khalil, a pro-Palestinian activist and Columbia University graduate, from immigration detention. Khalil has been held by immigration authorities since March 8.
During the hearing, U.S. District Court Judge Michael Farbiarz expressed skepticism towards the government’s position. Government attorney Dhruman Sampat, representing the administration, contended that Congress granted the executive branch significant powers over deportations, suggesting that the courts should refrain from intervening. However, Judge Farbiarz countered that there was a “very strong and uncontested record” indicating that Khalil does not present a flight risk and is not a public danger. He emphasized his discretion to order Khalil’s release.
The judge also denied the government’s request for a seven-day stay on his ruling, which would have allowed them more time to potentially appeal it. The timing of Khalil’s release from a detention center in Jena, Louisiana remains unclear.
Secretary of State Marco Rubio invoked a clause from the Immigration and Nationality Act of 1952, asserting that Khalil poses a national security risk. This Cold War-era law allows the secretary of state to personally decide on the matters of individuals’ residency. Nevertheless, Khalil’s supporters argue that the government’s actions aim to suppress free speech on college campuses, specifically silencing those who oppose Israel’s military actions in Gaza.
This ruling highlights ongoing tensions surrounding immigration policy and free speech rights in the context of geopolitical conflicts, an issue that resonates deeply within academic communities and has potential implications for activists nationwide. The decision could symbolize a pivotal moment in defending the rights of individuals to express their political beliefs without fear of retribution.