Another federal judge has ruled against the Trump administration, this time in a temporary order that forbids the deportation of a pro-Palestinian activist.
On Wednesday, Judge Michael Farbiarz issued a preliminary injunction against the Trump administration deporting and continuing to detain Mahmoud Khalil, who was previously a student at Columbia University. He stayed the decision until Friday to allow the administration time to file an appeal.
Rubio wrote in a memo that Khalil should be deported over his ‘antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.’
Khalil was born in Syria and is married to a U.S. citizen. He was arrested by ICE agents on March 8 in the lobby of his apartment building in New York City but has since been detained in Louisiana.
State Sec. Marco Rubio said that Khalil would be deported on the basis that his presence in the U.S. would constitute an “adverse foreign policy consequence.” Judge Farbiarz disagreed with that threat assessment.
The judge did not rule on whether Khalil could be deported on the basis that he withheld information on the application for his green card. He went on to note that other lawful residents accused of withholding info are “virtually never detained pending removal.”
Rubio wrote in a memo that Khalil should be deported over his “antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.”
Khalil’s attorney submitted evidence that his client could face torture and death if he were to be deported.
Critics of the Trump administration have accused it of violating Khalil’s free speech rights, but his detractors point to the evidence that the group he led supported the destruction of the U.S. as well as Israel.
Supporters of the Trump administration have criticized the numerous rulings from federal judges against the president’s policies, and some have even called on the administration to ignore the rulings. Democrats warned that the nuclear option would shove the U.S. into a constitutional crisis.
Farbiarz was nominated by former President Joe Biden in 2023.
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