A US District Judge in Newark, New Jersey, ruled Wednesday that the Trump administration cannot use US foreign policy interests to justify detaining pro-Palestinian Arab activist Mahmoud Khalil, a Columbia University student, Reuters reported.
Judge Michael Farbiarz found that the administration was violating Khalil's free speech rights.
Farbiarz wrote that "The Petitioner’s career and reputation are being damaged and his speech is being chilled," adding, "This adds up to irreparable harm."
The judge also specifically barred the administration from deporting Khalil on the grounds that his presence was allegedly adverse to US foreign policy, under a little-used provision of immigration law.
The ruling is stayed until Friday at 9:30 a.m. EDT to allow the administration an opportunity to appeal.
Khalil was arrested on March 8 after the State Department revoked his green card and has since been held in immigration detention in Louisiana. He is the first known foreign student targeted in the Trump administration's effort to deport students involved in pro-Palestinian Arab protests, which swept US college campuses following Hamas's October 7, 2023, attack on Israel.
Secretary of State Marco Rubio issued a two-page memorandum—undated and classified as confidential—alleging that Khalil’s activism, including his involvement in campus protests, contributed to a hostile climate for Jewish students and thus warranted removal from the country. “Antisemitic protests and disruptive activities” were cited in the memo as justification for the deportation proceedings.
Farbiarz ruled in late May that the effort to deport Khalil was "likely unconstitutional".
The Trump administration has asserted that foreign students and green card holders who support Palestinian Arab activism or oppose Israeli policies risk undermining US diplomatic priorities, especially during the ongoing conflict in Gaza.
Khalil’s legal team disputes the administration’s use of the law, arguing that his statements and activities fall under constitutionally protected speech.
The government specifically accuses Khalil of failing to disclose on his residency application what it described as his "membership" in the United Nations’ Palestinian refugee agency, UNRWA.
Khalil has rejected the allegations and framed his detention as retaliation for his political views.