A Joe Biden-appointed federal judge has just ordered the release of pro-Hamas activist Mahmoud Khalil from immigration detention.
The activist judge issued the order on Friday, citing “extraordinary circumstances.”
Judge Michael Farbiarz ruled that Khalil, a Syrian national, was not a flight risk or a danger to the community.
Farbiarz made the decision during a hearing in New Jersey.
The Democrat judge called the detention of the foreign national by immigration authorities “highly unusual.”
Khalil had been held in a detention facility in Jena, Louisiana, following his arrest in March outside his apartment near Columbia University.
He is facing deportation proceedings after his student visa had expired.
However, Khalil married an American woman to get a green card and claims to be a lawful permanent resident.
He immediately filed a habeas corpus petition after his arrest, asking to be either released on bail or transferred to a facility in New Jersey to be closer to his family and attorneys.
His lawyers argued that his detention amounted to unconstitutional retaliation by the government, calling it an “exceedingly rare” case.
Khalil has become a cause célèbre among anti-Israel protest groups and immigration activists.
They claim his arrest is politically motivated.
However, federal authorities say there’s more to the story.
According to court filings, an immigration judge initially found Khalil removable under a little-used provision of the Immigration and Nationality Act.
This was revealed in a memo from Secretary of State Marco Rubio.
Khalil was a leader in the pro-Hamas Columbia University Apartheid Divest movement.
The memo alleged that Khalil’s on-campus activism was “at odds with U.S. foreign policy interests.”
Judge Farbiarz later blocked the government from relying on that finding.
But the Department of Homeland Security (DHS) filed a second charge, claiming Khalil failed to disclose affiliations with certain activist groups on his green card application, a potential violation of immigration law.
“Khalil remains detained because he is currently charged as removable for fraudulently or willfully misrepresenting material facts on his adjustment of status application,” DOJ attorneys wrote in a court brief this week.
Critics say Khalil’s case is about free speech. Supporters argue he’s being targeted for his vocal opposition to the Israeli government and the U.S.’s military support for Israel.
But officials insist this is about national security and legal compliance, especially amid rising concerns about foreign-affiliated activists exploiting the U.S. immigration system.
While Khalil will now await further hearings outside of detention, his case is expected to remain a flashpoint in the broader debates over immigration enforcement, national security, and anti-Israel activism on American campuses.
This is a breaking news story.
Check back for updates.
