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Judge Permits Continued Detention of Columbia Activist Mahmoud Khalil on Fraud Allegations

The ruling leaves Khalil in custody under an immigration fraud allegation, directing him to seek bail before an immigration judge.

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Pro-Palestinian protesters hold flags and signs at the Release Mahmoud Khaul, Hands Off Our Students, ICE off Our Campus rally in Lower Manhattan in New York City on March 10. ICE Immigration officers arrested Mahmoud Khalil, a leader of the protests at Columbia University against Israel's war in Gaza. File photo by John Angelillo/UPI
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Overview

  • On June 13, U.S. District Judge Michael Farbiarz denied Khalil’s release request, ruling that ICE may lawfully detain him over alleged omissions on his green card application.
  • Earlier this week, Farbiarz ruled that Khalil’s detention under Secretary of State Marco Rubio’s foreign policy determination likely violated his constitutional rights and barred that basis for holding him.
  • After losing on the foreign policy rationale, the Trump administration asserted a secondary charge of immigration fraud, claiming Khalil failed to disclose prior affiliations and employment on his residency forms.
  • Khalil and his lawyers argue that the fraud allegations serve as a pretext for retaliation against his pro-Palestinian activism and say his detention separates him from his wife and newborn son ahead of Father’s Day.
  • Khalil remains held at an ICE facility in Louisiana and can pursue release by filing a bail application before the immigration judge overseeing his deportation proceedings.