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Judge Rules Deportation Effort Against Mahmoud Khalil Likely Unconstitutional

Federal Judge Michael Farbiarz demanded further briefing on green card application allegations after declaring the foreign policy removal law unconstitutionally vague.

Mahmoud Khalil, 29, a graduate student at Columbia University, outside the gates of the campus in New York City, on April 30, 2024.
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Overview

  • U.S. District Judge Michael Farbiarz held on May 29 that the Trump administration’s bid to deport pro-Palestinian activist Mahmoud Khalil likely violates the Constitution by invoking a vague immigration statute.
  • Farbiarz found Secretary of State Marco Rubio failed to link Khalil’s campus protests to any concrete foreign policy harm, undermining the legal basis for his removal.
  • Khalil has been detained in a Louisiana Immigration and Customs Enforcement facility since his arrest at Columbia University on March 8, causing him to miss his graduation and the birth of his first child.
  • The judge stayed further deportation action and ordered additional briefing on allegations that Khalil omitted affiliations with organizations such as UNRWA from his permanent residency application.
  • Advocates say the case highlights concerns over the Trump administration’s use of immigration law to suppress pro-Palestinian speech and may influence other detained student-activists’ challenges.