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Mahmoud Khalil Asks for Bail or Family Transfer as Government Defends Detention

The Department of Justice argues courts lack authority to override executive detention decisions despite his lawyers’ plea to move him closer to his family

A crowd gathers outside the Manhattan federal court in support of Mahmoud Khalil, Wednesday, March 12, 2025, in New York.

Overview

  • Khalil’s legal team filed a renewed motion on June 17 seeking bail or transfer from the Jena, Louisiana, facility to Elizabeth, New Jersey, under ICE’s family-proximity policy
  • Judge Michael Farbiarz had blocked deportation on foreign policy grounds but declined to release Khalil over alleged omissions in his green card application
  • DOJ attorneys told the court that Congress granted the executive branch broad discretion to detain noncitizens and that judicial intervention is barred
  • Government filings highlighted that the Elizabeth detention center is over capacity by 51 detainees, arguing logistical constraints prevent a transfer
  • Advocates including the ACLU contend that rare misrepresentation charges and reliance on unverified tabloid reports amount to unconstitutional retaliation for Khalil’s pro-Palestinian activism