A federal judge in New Jersey has ordered anti-Israel activist Mahmoud Khalil to be released on bail while his immigration and civil cases proceed through the courts. Judge Michael Farbiarz, a Biden appointee, assessed during a hearing that Khalil is not a flight risk or a danger to the community, making his detention highly unusual. Khalil, a lawful permanent resident, has been in custody for three months after his arrest at Columbia University in March. His release could occur as soon as Friday, pending further legal proceedings.
The decision followed a legal battle over Khalil’s detention, where his attorneys argued that his imprisonment was an exceedingly rare government action and amounted to unconstitutional retaliation. Khalil’s legal team had highlighted that his detention in an immigration facility in Jena, Louisiana, was an unusual measure, while emphasizing that he has a U.S. citizen wife and a child born while he was incarcerated. The case has drawn attention from anti-Israel protesters and immigration rights advocates who claim the Trump administration is retaliating against Khalil for his political activism.
The Department of Homeland Security (DHS) has cited two main reasons for seeking to keep Khalil detained: the alleged misrepresentation on his green card application and his purported support for Hamas through his activism. However, Judge Farbiarz has ordered the release, citing the extraordinary circumstances of the case and the lack of immediate risks posed by Khalil’s presence. The Department of Justice, however, has argued that the court lacks authority to free Khalil from detention because the second claim regarding his green card application is still under review in immigration court.