Federal Judge Orders Release of Columbia University Protester Mahmoud Khalil from ICE Detention

NEW YORK — A federal judge has ordered the release of Columbia University pro-Palestinian activist Mahmoud Khalil.

U.S. District Judge Michael Farbiarz indicated he will issue an order requiring that Khalil be released Friday.

He denied a motion by the government to stay the ruling for seven days.

During the proceedings, Farbiarz argued that the government failed to demonstrate that Khalil’s release would cause them significant harm or that he posed a flight risk.

“The evidence collectively indicates a lack of violence, property damage, or any actions that might incite violence,” the judge remarked about Khalil, who played a leading role in the encampment protests at Columbia last spring.

An attorney for Khalil, Alina Das, reasserted Khalil’s belief that he is being punished for speech that should be protected by the First Amendment.

“The government’s recent actions substantiate what we’ve claimed all along in this petition: that the purpose of this detention is retaliatory. The government’s every move in this case has aimed to ensure that Mr. Khalil remains detained until his deportation as a form of reprisal and punishment for his expressions and viewpoints,” she stated.

The judge asked the parties to consult with a magistrate judge about any conditions that will be attached to Khalil’s release on bail.

The ruling came at the same time an immigration judge in Jena, Louisiana, was denying Khalil’s request for asylum and ordering him to remain detained — but Judge’s Farbiarz order supersedes that.

Last week, Judge Farbiarz issued a preliminary injunction barring the Trump administration from continuing to detain Khalil based on Secretary of State Marco Rubio’s determination that his continued presence in the country would pose a risk to foreign policy — but the judge subsequently sided with the government in ruling that Khalil could continue to be detained on the grounds that he misrepresented information on his green card application.

Khalil, a green card holder who is married to an American citizen, has been held in a detention facility since he was arrested by ICE agents in New York City in March.

This is a developing story. Please check back for updates.