A federal judge ruled Friday that Mahmoud Khalil, a pro-Palestinian activist affiliated with Columbia University, will remain in ICE detention as the U.S. government shifts its legal strategy to justify his continued custody.
Khalil, who was arrested on March 8, had initially been detained based on a controversial designation by Secretary of State Marco Rubio, who labeled him a threat to U.S. foreign policy. However, Judge Michael Farbiarz ruled earlier in the week that this reason alone could not legally justify his detention.
Government Changes Tactics, Cites Immigration Application Issue
Following the judge’s decision, the federal government quickly revised its case, now claiming that Khalil failed to disclose prior work experience on his lawful permanent residency application. This new charge became the foundation for keeping him in custody.
“The government is now detaining Mr. Khalil under an entirely separate removal ground, which is legally permissible,” attorneys for the Department of Homeland Security stated in court.
Judge Farbiarz acknowledged this shift, noting on Wednesday that the government was permitted to pursue alternative legal avenues, including immigration fraud allegations.
Delayed Release Sparks Legal Clash
Khalil was originally scheduled for release at 9:30 a.m. on Friday. However, due to the last-minute filing, he remained in detention beyond that time. His legal team filed an urgent motion demanding his immediate release.
Judge Farbiarz gave the Trump administration until 1:30 p.m. Friday to respond.
Khalil’s case has become a flashpoint in the broader debate over immigration enforcement, student activism, and freedom of political expression, particularly for foreign nationals in the U.S.
Missed the Birth of His Son: “I Whispered Through the Phone While She Labored Alone”
Now in his third month of detention, Khalil revealed the emotional impact of being incarcerated. In a recent court filing, he described missing the birth of his first child, Deen.
“I was crouched on the floor of a detention center, whispering through a crackling phone line as my wife gave birth without me,” Khalil said. “I listened to her cry out in pain, trying to comfort her while 70 other men slept around me.”
Activists and Human Rights Groups Watching Closely
Khalil served as one of the lead negotiators during Columbia University’s pro-Palestinian encampment protests earlier this year. His arrest is believed to be the first high-profile detention of a foreign student activist under the Trump administration’s intensified crackdown.
While other pro-Palestinian activists held by ICE have since been released, Khalil remains behind bars as the government builds its case for his deportation.
The outcome of his case is being closely monitored by civil rights organizations, immigration attorneys, and student activist networks across the country.
A federal judge declines to release Mahmoud Khalil after the government shifts to "other charge of removability" https://t.co/FO32LNNC85
— The Hill (@thehill) June 13, 2025
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