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Judge Rules Deportation Effort Against Pro-Palestinian Activist Likely Unconstitutional

Judge Michael Farbiarz ordered further briefing on allegations that Khalil omitted key details from his green card application.

Mahmoud Khalil, 29, a graduate student at Columbia University, outside the gates of the campus in New York City, on April 30, 2024.
A pro-Palestinian demonstrator holds a "Free Mahmoud Khalil" sign as they protest in Union Square Park, New York, on May 15, 2025.
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Overview

  • Farbiarz found Secretary of State Marco Rubio’s foreign policy justification “unconstitutionally vague” under Section 1227 of the Immigration and Nationality Act
  • The ruling stays the Trump administration’s attempt to deport Mahmoud Khalil, a Columbia graduate student detained by ICE since March
  • Khalil was arrested in New York and held in Louisiana, causing him to miss his graduation and the birth of his first child
  • Although likely to prevail on his constitutional claim, Khalil remains in custody pending additional filings on alleged omissions in his residency application
  • Khalil’s attorneys hailed the decision as a defense of free speech and plan to submit the requested evidence to pursue his release