Anti-Israel activist Mahmoud Khalil’s release on bail sparks legal and political controversy
Anti-Israel activist Mahmoud Khalil, a lawful permanent resident detained for three months at an immigration center in Jena, Louisiana, was ordered released on bail by a federal judge in New Jersey. Judge Michael Farbiarz, a Biden appointee, cited the ‘extraordinary circumstances’ of Khalil’s case, stating that his detention was ‘highly unusual’ and that he posed no risk of flight or danger to the community. His attorneys had argued that the imprisonment was an ‘exceedingly rare’ decision by the government, representing unconstitutional retaliation.
Khalil, who was arrested in March at his apartment at Columbia University, has been held for three months. His legal team stated in a letter to the court that his detention in a federal immigration center was an ‘exceedingly rare’ decision by the government, suggesting it was an act of retaliation. Khalil, who has a U.S. citizen wife and a newborn child, could be released as soon as Friday.
The case has become a focal point for both anti-Israel protesters and immigration rights advocates, who argue that the Trump administration is targeting Khalil due to his opposition to the Israeli government and its military actions in the Gaza Strip. They claim the administration is chilling free speech by those who oppose the U.S. government’s support for Israel. In contrast, the Department of Homeland Security (DHS) has maintained that Khalil’s activism allegedly signaled support for the terrorist group Hamas, which is an illegal activity under U.S. immigration law.
Additionally, the DHS has cited another reason for Khalil’s continued detention, alleging that he omitted key information from his green card application about his affiliations with organizations like the Columbia University Apartheid Divest. This information was presented in the context of an obscure provision of the Immigration and Nationality Act, which was initially used by Secretary of State Marco Rubio to justify Khalil’s removal. However, Judge Farbiarz later enjoined the secretary from using that determination to deport Khalil.
Despite the DOJ’s argument that the court lacks authority to free Khalil from detention, given that his green card application violation is still pending in immigration court, the federal judge has ordered his release on bail. The Department of Justice attorneys have claimed that Khalil remains detained because he is currently charged as removable for alleged fraud on his adjustment of status application. This case has sparked ongoing debates about the intersection of immigration policy, free speech, and political activism in the United States.