A federal judge ruled on Friday that Mahmoud Khalil, a pro-Palestinian activist from Columbia University, will remain in the custody of Immigration Customs Enforcement (ICE) after a shift in the government’s legal approach.
On the same day, the Trump administration indicated it could continue to detain Khalil, who holds a green card.
This change raises concerns regarding U.S. foreign policy, following a decision by District Judge Michael Farbeers on Wednesday. He found that the federal government had failed to detain Khalil due to Secretary Marco Rubio’s earlier decision.
“Halil is in custody on other removal charges,” the government stated on Friday. “It’s within legal bounds to detain Khalil on different grounds for removal.”
The ruling wasn’t surprising, given that Falbialz had previously noted on Wednesday that the Trump administration could justify continuing to hold Khalil based on alternative reasons.
“While petitioners might argue they would be detained anyway, it’s important to recognize that the Department of Homeland Security is pursuing removal based on both the current situation and the Secretary of State’s resolutions,” he pointed out.
The government presented its arguments close to the deadline, but Falbiers mentioned that Khalil, originally an Algerian national, was supposed to be released by 9:30 a.m. on Friday.
However, when that time arrived, Khalil was not released, prompting his lawyers to submit a request for the judge to order his release explicitly. The judge addressed the administration’s response until 1:30 p.m.
Khalil gained attention as the chief negotiator of a pro-Palestinian camp in Colombia last spring. He was arrested on March 8 and became one of the first prominent activists targeted by the Trump administration’s strict measures against foreign students.
Having been in custody for three months, he missed the birth of his first child. “The most immediate pain I’ve felt is tied to my son Dean’s birth. Instead of being there to hold my wife’s hand in the delivery room, I was on the floor of a detention center, trying to comfort her through a crackling phone call while she went through it alone,” he shared.
“I listened to her struggles alongside 70 other men sleeping around me,” he added.
Notably, some pro-Palestinian activists have been released while their immigration proceedings are still ongoing in court.
