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Federal Judges Allow Challenges to Detention of Pro-Palestinian Activists

Judges in Vermont and New Jersey assert jurisdiction over cases involving Columbia affiliates Mohsen Mahdawi and Mahmoud Khalil, delaying deportation orders and raising constitutional questions.

FILE - Mohsen Mahdawi, center, looks on during a pro-Palestinian protest at Columbia University, Thursday, Oct. 12, 2023, in New York. (AP Photo/Yuki Iwamura, File)
Demonstrators hold placards that read "Free Mohsen" in reference to Mohsen Mahdawi, a Palestinian green card holder and student at Columbia University that was detained, as they gather at Foley Square calling for the release of Palestinian activist and Columbia University graduate student Mahmoud Khalil, in Manhattan, New York City, U.S., April 15, 2025. REUTERS/Jeenah Moon/File Photo
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Overview

  • New Jersey District Judge Michael Farbiarz ruled that Mahmoud Khalil's habeas petition can proceed, allowing him to challenge his detention and deportation on constitutional grounds.
  • Mohsen Mahdawi, detained during a naturalization interview in Vermont, remains in custody as a Vermont judge scheduled a release or deportation hearing for early May.
  • Both activists claim their detentions violate First Amendment protections, alleging retaliation for their lawful pro-Palestinian advocacy on U.S. campuses.
  • The Trump administration cites foreign policy concerns to justify the deportation orders, with Secretary of State Marco Rubio invoking a rarely used immigration law from the Cold War era.
  • Civil rights groups and university communities warn that these cases exemplify broader efforts to suppress campus dissent and erode constitutional protections.