Mahmoud Khalil ordered released on bail
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Mahmoud Khalil in New York City on June 1, 2024. Photo: Selcuk Acar/Anadolu via Getty Images
A federal judge on Friday ordered the release of Columbia University alumnus Mahmoud Khalil from federal detention.
The big picture: It's a major victory for Khalil, a leader in Columbia University's pro-Palestinian protests and a legal U.S. resident, who has been detained by immigration officials for more than three months.
- Khalil has not been charged with a crime.
Driving the news: Judge Michael Farbiarz said during a hearing Friday he was persuaded Khalil's detention was an unlawful retaliation against his pro-Palestinian speech, the New York Times reports.
- "There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish Mr. Khalil," he said. "And of course that would be unconstitutional."
What they're saying: Khalil's attorney said he will be able to return to New York to be with his wife and newborn son while his case proceeds.
- "Since he was arrested Khalil's attorneys said he will be able to return to New York to be with his wife and expressing his political beliefs about Palestine," Noor Zafar, one of Khalil's attorneys, said in an email statement.
- "But today's ruling underscores a vital First Amendment principle: The government cannot abuse immigration law to punish speech it disfavors," she added.
- The Department of Homeland Security slammed the court's decision, saying in a statement that "an immigration judge, not a district judge" has the authority to decide whether he should be released.
- "This is yet another example of how out of control members of the judicial branch are undermining national security," DHS assistant secretary Tricia McLaughlin said.
Context: The Trump administration has sought to deport Khalil, arguing his presence could poses a threat to U.S. foreign policy interests.
- Khalil's arrest and detention triggered nationwide protests and became a flashpoint across the country for immigrants' free speech rights and pro-Palestinian activism in the U.S.
Editor's note: This story has been updated with developments
