A federal judge on Friday sided with the Trump administration in the ongoing legal fight over the detention of Columbia University graduate student and pro-Palestinian activist Mahmoud Khalil. In a less than two-page order, U.S. District Judge Michael Farbiarz said he would not order Khalil’s release from detention, saying Khalil can seek relief through other avenues.
The Context
Farbiarz issued a ruling earlier this week saying Khalil could not be detained or deported based solely on Secretary of State Marco Rubio‘s determination that his work as a pro-Palestinian activist went against U.S. foreign policy. He gave the government until 9:30 a.m. CT on Friday to respond.
But Farbiarz’s ruling left the door open for Khalil to be detained on other grounds, which the Department of Justice‘s civil division noted in a Friday letter saying the government would not release him.
What To Know
“The Court did not order Respondents to release Petitioner Mahmoud Khalil,” the letter said. “The Court instead enjoined Respondents from detaining Khalil based on the Secretary of State’s determination.”
“That injunction does not interfere with Respondents’ authority to detain Khalil on other grounds, including the removal charge … as an alien inadmissible at the time of entry or admission…” the letter continued.
It went on to say Khalil can be detained because he committed “fraud or material misrepresentation” in connection to his green card application, adding, “Given that ability to detain Khalil on other grounds, Respondents have not sought an immediate stay of this Court’s preliminary injunction.”
Farbiarz agreed with the government’s argument, saying in a Friday order that Khalil he will not order Khalil’s release from detention and that the Columbia graduate can instead pursue relief through other avenues, including going through the Department of Homeland Security and an immigration judge.
This is a breaking news story. Updates to follow.
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