US Judge Blocks Trump from Deporting Palestinian Activist Mahmoud Khalil

TEMPO.CO, Jakarta - A federal judge in New Jersey, United States has issued a preliminary ruling that prohibits President Donald Trump's administration from deporting or continuing to detain pro-Palestinian activist and Columbia University alumnus, Mahmoud Khalil.

In a ruling issued on Wednesday as reported by ABC News and CBS News, Judge Michael Farbiarz has prohibited Trump from attempting to deport Khalil based on the decision of US Secretary of State Marco Rubio. He argued that Khalil's presence in the country would pose a risk to foreign policy.

The judge has postponed his decision until Friday at 9:30 am. This gives the Trump administration about 40 hours to appeal the decision before Khalil must be released, his attorney said.

Although delayed, this is a blow to the Trump administration's efforts to deport Khalil.

The preliminary ruling will take effect after Khalil pays a "nominal bond of US$1," the judge's order stated.

Farbiarz said, "The Court finds that [Khalil's] career and reputation is being damaged and his speech is chilled - and this adds to the irreparable harm."

Most importantly, Farbiarz said his findings "do not impact efforts to deport [Khalil] for reasons other than the Secretary of State's determination."

This means the Trump administration can still try to deport Khalil for allegedly not disclosing details on his green card application - another reason given by the government's attorneys for his detention.

Khalil, a green card holder married to a US citizen, has been detained at an ICE immigration detention facility in Louisiana since he was arrested by US Immigration and Customs Enforcement (ICE) agents in the lobby of his apartment building in New York City on March 8.

In April, an immigration judge in Louisiana ruled that Khalil could be deported based on Rubio's statement that his continued presence and actions in the country posed "adverse foreign policy consequences."

The judge has not yet decided on a series of second charges stemming from the US Department of Homeland Security's allegations that Khalil misrepresented information on his green card application.

However, Judge Farbiarz stated in his ruling that legitimate permanent residents, like Khalil, who are accused of making false statements on their application are "almost never detained pending deportation."

Khalil's attorneys described the judge's decision to grant their motion for a preliminary ruling as a "major victory."

"We are relieved that the Court has documented for the world to see the government's vindictive and unconstitutional arrest, detention, and deportation efforts against Mahmoud for his support of Palestine have caused him and his family profound personal and professional harm," said Baher Azmy, legal director for the Center for Constitutional Rights, in a statement.

Khalil's wife, Dr. Noor Abdalla -- who gave birth to their first child while Khalil was detained -- said she hoped Khalil could celebrate his first Father's Day at home with their family.

"Mahmoud must be released and returned to New York safely to be with me and our newborn baby, Deen," Abdalla said in a statement on Wednesday.

"True justice means Mahmoud was never taken from us to begin with, that no Palestinian father, from New York to Gaza, should endure the painful separation behind prison walls that Mahmoud has endured."

Officials from President Donald Trump's administration said Khalil was detained over allegations of his support for Hamas -- claims refuted by his legal team.

In a memo filed in the case, Rubio wrote that Khalil should be deported for his alleged involvement in "anti-Semitic protests and disruptive activities, which create an unfriendly environment for Jewish students in the United States."

During a hearing last month in Louisiana, Khalil testified to support his case for asylum and for a stay of removal to Algeria or Syria, where he was raised in a Palestinian refugee camp.

He repeatedly stated that the Trump administration's allegations that he is a Hamas supporter make him a target in any country to which he could be deported.

In Syria, he also said remnants of the Assad regime as well as militia factions inside the country could target him or that he could be used as a "bargaining chip" in negotiations between a new Syrian government and other countries including the US.

Prior to the hearing, Mahmoud Khalil's attorneys submitted over 600 pages of documents, declarations, and expert analyses supporting their claim that he is not anti-Semitic and that he could face torture and death if deported.

Editor's Choice: U.S. Lawmakers Decry ICE Arrest of Palestinian Student Activist Mahmoud Khalil

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