Judge rules against DHS detention of Palestinian student targeted in Columbia anti-Israel protests

A federal judge ruled Wednesday that the Trump administration wrongly targeted Mahmoud Khalil, a Palestinian student at Columbia University, for an immigration arrest and said his detention on the current charges is likely not legal.

Judge Michael Farbiarz said the government’s claim that it was detaining Mr. Khalil because his behavior was counter to U.S. foreign policy violates his free speech rights, and a second claim that it was detaining him because he misled on his immigration application isn’t enough reason to keep him in custody.

The judge delayed his ruling until Friday to give the government a chance to appeal.

Mr. Khalil, a legal permanent resident, had become one of the most prominent foreign student targets of the Trump administration and has labeled himself a “political prisoner” of President Trump.

He was one of the lead negotiators for students who battled with Columbia’s administration, occupying parts of campus and demanding a change in university policy toward Israel.

Immigration officers arrested him in early March and he was taken to a detention center in Louisiana, where he has been fighting for release.

Secretary of State Marco Rubio had said that he presented an obstacle to U.S. foreign policy and should have his visa revoked. The government also said he submitted an inaccurate application for lawful permanent resident status, or a green card.

Judge Farbiarz said either could be a basis for deportation, in theory.

But he said legal permanent residents, while they can be deported for bungling their application, are “virtually never” detained on that basis.

“Based on the declarations, the court finds as a matter of fact that it is overwhelmingly likely that the petitioner would not be detained based solely on the lawful-permanent-resident-application charge. Rather, the court finds, the petitioner’s detention almost surely flows from the charge that is based on the Secretary of State’s determination,” he ruled.

And he said the foreign policy argument was unconstitutionally vague.

He said Homeland Security may have other reasons to deport Mr. Khalil, but it cannot do so on the basis of the foreign policy argument, and it cannot detain him for the application bungling.