The Voice News: NEW YORK — A U.S. judge has ruled that the Trump administration’s effort to deport Columbia University student and pro-Palestinian activist Mahmoud Khalil is likely unconstitutional. The decision challenges the legal basis used by federal authorities to justify his detention.
U.S. District Judge Michael Farbiarz stated that the immigration law cited by the administration—Section 1227, which allows the Secretary of State to deport non-citizens deemed harmful to U.S. foreign policy—is too vague. In a 101-page ruling, the judge said ordinary individuals would not reasonably know what actions could lead to deportation under this provision.
“An ordinary person would have had no real inkling that a Section 1227 removal could go forward in this way — without the Secretary first determining that there has been an impact on American relations with another country,” Farbiarz wrote.
Khalil, currently held in immigration detention in Louisiana, has not yet been released. The judge asked his legal team to submit further arguments before making a final decision on his case.
Background
Khalil, a Palestinian born in a Syrian refugee camp, entered the U.S. on a student visa in 2022 and later became a lawful permanent resident through his American wife, Dr. Noor Abdalla. He was arrested on March 8 after the State Department revoked his green card, making him the first student arrested under Trump’s crackdown on pro-Palestinian campus protests following the October 7, 2023 Hamas attack on Israel.
Khalil’s supporters argue his detention is a retaliatory measure against his First Amendment rights, citing his vocal criticism of Israel’s military actions in Gaza. His legal team insists his prolonged detention is unjust and continues to push for his release.
“Every day Mahmoud spends languishing in an ICE detention facility in Jena, Louisiana, is an affront to justice,” said his attorneys in a statement.
Judge Farbiarz has temporarily blocked Khalil’s deportation while the constitutional challenge proceeds. However, he has not yet ruled on whether Khalil’s right to free speech was violated.
Wider Context
Civil rights organizations argue that the Trump administration’s actions represent an abuse of immigration powers to suppress political dissent. Khalil’s case is not isolated: other foreign students involved in pro-Palestinian protests have faced similar actions. Recently, federal judges have ordered the release of Mohsen Mahdawi, another Palestinian student at Columbia, and Rumeysa Ozturk, a Turkish student at Tufts University, as they contest deportation efforts.
The U.S. State Department declined to comment, and neither the White House nor the Department of Homeland Security responded to requests for a statement.