A US judge has ruled that the Trump administration’s attempt to deport Columbia University student and pro-Palestinian activist Mahmoud Khalil is likely to be unconstitutional.
US District Judge Michael Farbiarz in Newark, New Jersey, said on Wednesday, he would issue a further order later in the day outlining next steps. Khalil remains in immigration detention in Louisiana.
Judge Farbiarz wrote that Khalil is likely to succeed in arguing that the provision “is unconstitutional as applied to him.”
In his detailed 27-page opinion, Judge Farbiarz criticized the provision under which the government sought Khalil’s removal — Section 212(a)(3)(C) of the Immigration and Nationality Act — as lacking “any clear standard” and allowing the State Department to act “without meaningful judicial oversight.” He emphasised that such sweeping executive discretion raises serious constitutional concerns, particularly when used against a lawful permanent resident like Khalil.
The ruling comes just days after Khalil was finally allowed to meet his newborn son for the first time — a moment that followed weeks of legal and public controversy. His wife had previously been denied access during an earlier visit attempt, sparking criticism from rights advocates and lawmakers.
Khalil, who has remained in detention since March, held his infant in his arms during a court-approved visit, a scene that drew emotional responses from those following his case.
US federal judge intervenes to allow detained Palestinian activist Mahmoud Khalil to meet his infant son, blocking government efforts to keep the family separated.
Crackdown on pro-Palestine voices
Khalil was arrested on 8 March after the State Department revoked his green card using a rarely invoked provision of US immigration law that allows the secretary of state to seek the deportation of any non-citizen deemed adverse to US foreign policy interests.
His arrest was the first in a long crackdown on pro-Palestine voices in the US.
A few days after Khalil's arrest, Trump's claim came due after another pro-Palestine student, Badar Khan Suri, an Indian researcher at Georgetown University, was arrested. His attorney said he was arrested because of the Palestinian identity of his wife.
After the arrest of Suri, authorities went after another pro-Palestine student, Momodou Taal, asking him to turn himself in.
On March 25, Yunseo Chung, a Columbia University student, said she sued the Trump administration to stop her deportation from the US over her participation in a pro-Palestine protest last Spring.
Also on March 25, Rumeysa Ozturk, who is a Tufts University PhD student, was kidnapped in broad daylight by US authorities over criticising Israel's carnage in Gaza.
On April 14, authorities arrested Mohsen Mahdawi during his citizenship interview before he was released on April 30.
