A federal judge ruled on Friday that the Trump administration has to release Columbia University graduate student Mahmoud Khalil, who has been detained for three months over his activism protesting Israel’s war on Gaza.
Khalil, who was never charged with a crime, has been held in Louisiana since he was arrested entering his New York City apartment building in March. The Trump administration justified the detention by arguing that Khalil, a legal permanent resident whose wife is a U.S. citizen, posed a threat to American foreign policy.
Three other students who were detained on similar allegations have been released. According to The New York Times, Khalil is “the only high-profile pro-Palestinian demonstrator in the United States who remains in confinement.”
A Newark, New Jersey, judge earlier determined that the administration’s rationale was likely to be unconstitutional. However, he initially allowed the detention to continue after the government alleged that Khalil had lied on his green card application. This week, he ruled that these allegations did not require Khalil to continue to be detained.
“It is highly, highly unusual to be seeking detention of a petitioner given the factual record of today,” Judge Michael Farbiarz said on Friday.
The judge also deemed that Khalil is not a flight risk and “is not a danger to the community. Period, full stop.”
Khalil’s wife and child — who was born during his father’s detention — are American citizens. His lawyers have argued that his detention is due to his views and part of a crackdown on free speech. How exactly his release will proceed is unclear.
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