NEW YORK (BN24) — A federal judge ruled Wednesday that the Trump administration cannot detain or deport Columbia University activist Mahmoud Khalil based solely on a determination made by U.S. Secretary of State Marco Rubio, handing a temporary legal victory to Khalil and civil liberties advocates.
U.S. District Judge Michael Farbiarz issued a preliminary injunction barring Khalil’s removal from the country, stating that the government’s attempt to justify his detention through an obscure provision of the Immigration and Nationality Act of 1952 is insufficient. The ruling will take effect Friday at 9:30 a.m., allowing the administration time to appeal.
Khalil, a former Columbia student who emerged as a prominent figure in campus demonstrations protesting Israel’s war in Gaza, has been detained since March following his arrest by federal agents. He has not been charged with a crime but has faced allegations from the Department of Homeland Security that he glorified and supported terrorist groups.
Rubio had invoked a Cold War-era clause in immigration law that allows the secretary of state to “personally determine” whether an individual poses a national security threat and should be expelled. Farbiarz rejected this reasoning, ruling that Khalil’s ongoing detention appears to stem primarily from Rubio’s assertion, rather than from any substantiated legal violation.
“The evidence is that lawful permanent residents are virtually never detained pending removal for those types of omissions,” Farbiarz wrote, referring to claims that Khalil had provided inaccurate information on his green card application. “That strongly suggests that it is the Secretary of State’s determination that drives the Petitioner’s ongoing detention — not the other charge against him.”
Khalil’s wife, Dr. Noor Abdalla, welcomed the judge’s decision in a statement released by the American Civil Liberties Union, one of several legal organizations representing him. “This is the news we’ve been waiting over three months for,” she said.
Ramzi Kassem, co-founder of the Center for Constitutional Rights and one of Khalil’s attorneys, called the ruling a vindication. “This confirms what Mahmoud has maintained since day one — that the government cannot detain or deport him based on Rubio’s say-so,” he said. Khalil’s legal team is now pushing for his immediate release.
The Department of Homeland Security and the State Department did not immediately respond to requests for comment.
Khalil is among the first student activists to face federal immigration consequences under President Donald Trump’s intensified crackdown on Gaza-related protests. The administration has accused universities such as Columbia and Harvard of failing to protect Jewish students, with Trump recently threatening Columbia’s accreditation over alleged civil rights violations.
The ACLU described the ruling as “a huge win” and a critical check on executive power in immigration enforcement.
