Demonstrators gather outside the Federal Courthouse in New York City to show support for Palestinian activist Mahmoud Khalil and to demand his release from ICE detention on March 12, 2025. (Mostafa Bassim/Anadolu via Getty Images)
(JTA) — A federal judge has decreed that Mahmoud Khalil, the Palestinian Columbia University protest leader, cannot be detained or deported and set the stage for him to go free as early as Friday.
Khalil was the first leader of last year’s pro-Palestinian student protests to be arrested under the Trump administration’s push to deport non-citizens who they said fueled antisemitism on campuses.
Others have already been released on court orders after multiple federal judges ruled that the administration had violated the students’ rights by detaining them despite not accusing them of crimes.
Last month, Judge Michael Farbiarz of the Federal District Court in New Jersey ruled that the law that the State Department cited in justifying Khalil’s deportation — a little-used provision that says the United States can seek to eject non-citizens whose actions undermine U.S. policy — was likely unconstitutional.
On Wednesday, he additionally ruled that Khalil had shown that he was being irreparably harmed by being detained while the government seeks to deport him. Khalil’s son was born in New York since his arrest.
Farbiarz left a small window of opportunity for the Trump administration to press for Khalil’s continued detention, saying that they could argue by 9:30 a.m. Friday that Khalil had lied about his affiliations when seeking a student visa. But he indicated that he was unlikely to be swayed by such an argument and said Khalil could otherwise go free after posting a $1 bond.
Khalil’s cause has been championed widely, including by some Jews who say that they disagree strongly with his Israel views but believe his arrest reflected inappropriate repression of free speech rights by the federal government.
