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Judge Frees Pro-Palestinian Activist Mahmoud Khalil After 104-Day ICE Detention

Judge Michael Farbiarz deemed Khalil’s extended custody unconstitutional after finding no evidence he posed a flight risk or threat to public safety.

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Overview

  • Mahmoud Khalil was arrested on March 8 at his Manhattan residence under a Cold War-era statute invoked by Secretary of State Marco Rubio targeting pro-Palestinian protesters.
  • Farbiarz ruled the government violated Khalil’s First Amendment rights by detaining him on foreign policy grounds without demonstrating he endangered U.S. interests.
  • The administration’s separate claim that Khalil falsified his green card application was rejected by the judge for lack of serious supporting evidence.
  • Khalil spent 104 days at a rural Louisiana ICE facility, missing the birth of his son and remaining separated from his U.S. citizen wife until his late-night release.
  • The Department of Homeland Security has appealed the release order and deportation proceedings will continue as Khalil contests the fraud allegations in immigration court.