US Judge Orders Mahmoud Khalil Released from ICE Detention

Mahmoud Khalil, a Palestinian activist and Columbia University graduate, has been ordered released from U.S. Immigration and Customs Enforcement (ICE) custody after spending over 100 days detained in a remote Louisiana facility. U.S. District Judge Michael Farbiarz issued the order on Thursday, criticising the Department of Homeland Security (DHS) for failing to present a legal basis for his continued detention.

In his 48-page decision, obtained and reported by The Guardian, Judge Farbiarz wrote that Khalil’s detention was “not authorised by any statute” and that the government’s arguments for holding him were “legally baseless.” The court noted that Khalil, who has no criminal record, is married to a U.S. citizen and is the father of a newborn American son, posed no danger or flight risk.

Judge Calls Detention “Highly Unusual” and Legally Unsupported

As detailed by the Associated Press, Judge Farbiarz strongly rebuked the government’s use of a controversial immigration clause — Section 237(a)(4)(C)(i) of the Immigration and Nationality Act — which permits deportation if an individual is deemed “contrary to U.S. foreign policy interests.” Farbiarz ruled that the statute had been stretched far beyond its original purpose in this case, warning it could enable unconstitutional retaliation against political protest.

“The executive cannot simply designate political speech as a foreign policy threat and lock someone away,” Farbiarz stated in the ruling, as reported by AP. He also rejected DHS claims that Khalil's presence endangered U.S. foreign relations, calling the evidence "vague, unsupported, and entirely speculative."

Arrest Tied to Columbia Protest, Sparking Civil Liberties Concerns

Khalil was arrested in March 2025 at his New York home, following his public participation in a Gaza solidarity encampment at Columbia University. He was one of several non-citizen students targeted during a wave of protests that drew national attention.

According to The New York Post, ICE agents arrested Khalil without prior notice, citing alleged omissions on his green card application as justification. However, legal experts and civil rights advocates have argued that the arrest was politically motivated — an assertion reinforced by the court’s ruling.

The Guardian further reports that Khalil was transferred to the Winn Correctional Centre in Jena, Louisiana, where he remained in isolation for weeks and had no access to his newborn child or family. His wife, Dr. Noor Abdalla, gave birth while he was still in detention.

Family Reunited After Over Three Months of Separation

Following the ruling, Khalil was released late Thursday night and reunited with his wife and infant son in New Jersey. His attorney, Oren Nimni of the civil rights group Rights Behind Bars, told The Guardian that Khalil “never should have been in jail to begin with.”

Video footage reviewed by AP shows Khalil emotionally embracing his wife outside the courthouse. “I’ve missed so much of my son’s life,” he said. “No one should go through this for speaking out.”

The New York Post also confirmed that Khalil has been placed under supervised release, and must remain in a designated location in New Jersey pending further immigration proceedings. His passport and travel documents remain in federal custody.

DHS Pushes Back, Appeals Judge’s Decision

In a written statement shared with The Guardian, the Department of Homeland Security said it “strongly disagrees” with the ruling and has filed an immediate notice of appeal. DHS argues that the case is not within the district court’s jurisdiction and insists Khalil’s deportation order — issued by an immigration judge prior to the federal ruling — remains valid.

However, Judge Farbiarz dismissed that argument in his ruling, as AP reports, stating that the district court “retains habeas jurisdiction” when an individual is held in federal custody without valid statutory authority.

Broader Legal and Political Implications

Khalil’s case has drawn international attention and become a flashpoint in the debate over free speech and immigration enforcement. The Guardian notes that several other international students involved in campus protests, including Mohsen Mahdawi (Columbia), Badar Khan Suri (Georgetown), and Rümeysa Öztürk (Tufts), were also detained in the same wave of ICE actions earlier this year.

The legal basis used by DHS — the so-called “foreign policy threat” clause — has not been used this broadly in decades, according to legal scholars cited by The New York Post. Critics argue it opens the door to politically selective immigration enforcement.

ACLU attorney Noor Zafar, speaking to Associated Press, said, “The ruling makes clear that dissent is not a deportable offense. DHS’s actions here reflect an unprecedented effort to silence lawful protest.”

What's Next for Mahmoud Khalil?

Although Khalil is now free, his legal battles are far from over. DHS’s appeal will move to the U.S. Court of Appeals for the Third Circuit. Meanwhile, Khalil and his legal team are preparing to challenge the original removal order in immigration court.

Speaking exclusively to The Guardian, Khalil said his focus now is on “recovering lost time with family” and continuing his advocacy through peaceful and legal means.

“This isn’t just about me,” he said. “This is about a government trying to silence young people who speak out for justice — and we’re not backing down.”