A federal judge said Wednesday the Trump administration’s attempt to deport Mahmoud Khalil, a green card holder and former pro-Palestinian activist at Columbia University, is likely unconstitutional.
“[T]he Court provides its conclusion: the Petitioner is likely to succeed on the merits of this unconstitutional vagueness argument,” District Judge Michael Farbiarz wrote, chastising the government’s justification that Khalil could pose a threat to the foreign policy of the U.S.
But Farbiarz still did not order Khalil’s release because he does not believe Khalil’s lawyers have properly responded to the government’s allegations that he did not disclose all of his former work on his permanent residency application.
“The Petitioner’s legal briefs still make no substantial argument as to the failure-to-disclose claim — even as lengthy supplemental briefs have been filed,” he wrote.
The judge said he will consider Khalil’s request for a release as additional information is provided.
Khalil has been detained since March 8 and missed the birth of his first child after the federal government arrested and sought to deport him over his participation in last year’s student protests.
The Trump administration later added that he did not disclose prior work on his permanent residency application, such as his time at the United Nations Relief and Works Agency for Palestinian Refugees, employment with the Syria Office in the British Embassy in Beirut past 2022 and was a member of the Columbia University Apartheid Divest group.
His detention has dragged on, even as some foreign students who were arrested under similar justifications have been granted bail while their proceedings move forward.
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