A federal judge has ruled that anti-Israel activist Mahmoud Khalil cannot be deported or detained by the Trump administration. Judge Michael Farbiarz issued the decision Wednesday saying the government’s claim that Khalil was a foreign policy threat was not a strong enough reason. Khalil was arrested in March by ICE agents at his Manhattan apartment funded by Columbia University. He was then sent to a Louisiana detention center far from his lawyers and wife who gave birth while he was jailed. Khalil is a green card holder born in Syria and also holds Algerian citizenship.

The administration said Khalil supported Hamas and joined violent protests including the takeover of Columbia's Hamilton Hall. They claimed his actions created a hostile space for Jewish students and went against U.S. foreign policy. Secretary of State Marco Rubio said Khalil’s presence violated the country’s anti-antisemitism stance and backed efforts to remove him. The government tried to use an old law to justify deporting someone who they said threatened foreign policy goals.

Court Rejects Foreign Policy Claim As Reason For Deportation

Khalil’s legal team argued the real reason was his political speech which is protected under the First Amendment. 

“Judge Farbiarz agreed and ordered his release saying his detention was causing serious damage to his personal and professional life. DHS now has until Friday to appeal the ruling and the White House says it will continue the legal fight.”

They argue the judge had no authority and believe a higher court will support their actions. Khalil’s supporters held protests calling the arrest political and demanding his immediate freedom.