Judge Decides Mahmoud Khalil Can Stay in Custody

The Trump administration has been permitted to keep anti-Israel activist Mahmoud Khalil at the Louisiana detention center where he has been held since March, according to a federal judge’s ruling on Friday. 

Earlier in the week, Judge Michael Farbiarz had issued a temporary order preventing the Trump administration from deporting the former Columbia University student and had demanded his release. 

Nevertheless, on Friday, the New Jersey judge decided that federal authorities could continue to detain Khalil due to a separate, alleged immigration violation that was uncovered following his initial arrest. 

“It would plainly be unlawful to detain [Khalil] on a charge the Court preliminarily enjoined,” Farbiarz wrote in his order. “But by their letter of this afternoon … the [Trump administration] have now represented that [Khalil] is being detained on another, second charge.” 

“That second charge has not been preliminary enjoined by the court.” 

Farbiarz noted that Khalil’s legal team has not “put forward factual evidence as to why it might be unlawful to detain him on the second charge” and “failed to make meaningful legal arguments as to that second charge.” 

The second charge accuses Khalil of failing to disclose on his green card application that he was a member of the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) and the Columbia University Apartheid Divestment coalition, as well as his work for the Syria Office in the British Embassy in Beirut.

“We are profoundly disappointed that Mahmoud has to bear any more delay and detention from this historically outrageous government conduct,” Baher Azmy, an attorney for Khalil, told Politico. 

Farbiarz, an appointee of former President Joe Biden, noted that Khalil has “a number of avenues” for release still available, including filing a bail application with the immigration judge handling his case. 

“To the extent the Petitioner requests relief from this Court, the request is denied,” the judge wrote. 

On Wednesday, Farbiarz determined that it was “overwhelmingly likely” that the alleged green card application was not the reason for his detainment, but rather Secretary of State Marco Rubio’s initial decision to revoke his legal status over his role in anti-Israel protests at Columbia University. 

The Trump administration claims Khalil engaged in activities “aligned to Hamas,” the Palestinian terror group, while attending the Ivy League School.