Judge Blocks Trump Administration From Detaining Pro-Palestinian Student

Court cites first amendment in ruling on Mahmoud Khalil case.

Columbia University, via Santeri Liukkonen on Unsplash

A federal judge has blocked the Trump administration from continuing to detain Mahmoud Khalil, a green card holder and former Columbia University student who played a central role in pro-Palestinian campus protests.

U.S. District Judge Michael Farbiarz ruled Wednesday that the administration’s effort to deport Khalil under a foreign-policy clause of immigration law likely violates his First Amendment rights. (Politico)

Court Questions Constitutionality of Deportation Law

The provision, invoked by Secretary of State Marco Rubio, allows the U.S. to deport foreign nationals if their “presence or activities” are deemed harmful to American foreign policy interests. (Politico)

Farbiarz said the law is “likely void for vagueness” and warned that Khalil’s detention was violating his constitutional right to free speech. (WSJ)

Judge Finds Activism, Not Immigration, Behind Detention

Farbiarz’s 14-page opinion emphasized that Khalil’s activism, not any legitimate immigration issue, appears to be the true reason for his detention. In his decision, the judge wrote:

“The Court finds as a matter of fact that the Petitioner’s career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm.” (AP)

Khalil’s legal team claims he was targeted for “vindictive retaliation” for expressing support for Palestinian rights. They argue his green card application was complete and truthful. (Politico)

DHS Defends Detainment

Meanwhile, Department of Homeland Security spokesperson Tricia McLaughlin denounced Farbiarz’s decision as undermining presidential authority, saying:

“It is a privilege to be granted a visa or green card to live and study in the United States of America. When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, take over buildings and deface property, that privilege should be revoked, and you should not be in this country.” (Politico)

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Can the U.S. Detain Protesters on Foreign Policy Grounds?

🔐 Become a Pro Subscriber to unlock today’s Pro Brief, where we break down what’s next for Khalil, the legal precedent for the “Rubio power,” why this ruling may reshape campus protest cases, and how the Khalil case fits into the Trump administration’s broader crackdown on pro-Palestinian speech.