Anti-Israel activist Mahmoud Khalil was released on bail from an immigration detention center in Louisiana following a federal judge’s order that challenged the government’s detention of the pro-Palestinian activist. Khalil, a Columbia University graduate student, left the federal facility before 7 p.m. on Friday and is expected to head to New York, where his wife and baby live. He must notify the Department of Homeland Security within 48 hours of his address after arriving in New York.
U.S. District Judge Michael Farbiarz ruled that it would be ‘highly, highly unusual’ to hold a legal U.S. resident who does not appear to be a flight risk and is not accused of violent offenses. ‘Petitioner is not a flight risk and the evidence presented is that he is not a danger to the community,’ Farbiarz said. ‘Period, full stop.’
Khalil’s attorneys argued in a court letter that his imprisonment was an ‘exceedingly rare’ decision by the government and amounted to unconstitutional retaliation. They noted that his arrest in March at Columbia University over his pro-Palestinian activism led to an immigration judge ruling that he could be removed from the country based on a memo from Secretary of State Marco Rubio.
Rubio cited an obscure provision of the Immigration and Nationality Act to justify the finding, but Farbiarz later enjoined the secretary from using that determination to deport Khalil. The Department of Homeland Security also added a second reason for keeping Khalil detained, citing alleged omissions from his green card application about his affiliations with groups like the Columbia University Apartheid Divest.
Khalil’s case has become a lightning rod for anti-Israel protesters and immigration rights advocates, who argue that the Trump administration is retaliating against him for opposing the Israeli government and chilling free speech. Khalil must surrender his passport but will be allowed to travel to New York, Michigan, New Jersey, Louisiana, and Washington, D.C. for court appearances and lobbying. The Trump administration is appealing the preliminary injunction and Khalil’s release to the 3rd Circuit Court of Appeals.