Judge rules that Trump administration can no longer detain Mahmoud Khalil

A federal judge has ruled that the Trump administration can no longer detain Columbia University graduate and Palestinian activist Mahmoud Khalil on the basis of federal claims that he is a threat to US foreign policy.

In his order on Wednesday, Judge Michael E Farbiarz said that the ruling will go into effect at 9.30am on Friday, adding: “This is to allow the respondents to seek appellate review should they wish to.”

Khalil, who has not been charged with a crime, had been deemed a threat to US foreign policy by secretary of state, Marco Rubio, prompting federal authorities to detain him in March.

In his ruling, Farbiarz wrote: “The petitioner’s career and reputation are being damaged and his speech is being chilled – and this adds up to irreparable harm.”

Despite his latest order, Farbiarz did note that Khalil can still remain in custody on the basis of federal officials’ claims that Khalil inaccurately filled out his green card application.

“To be sure, it might be argued that the petitioner would be detained anyway. After all, as noted above, the Department of Homeland Security is seeking to remove the petitioner based not only on the Secretary of State’s determination – but also on a second basis, the Petitioner’s alleged failure to accurately complete his lawful-permanent-resident application,” Farbiarz wrote.

He added that his findings “have no impact on efforts to remove the petitioner for reasons other than the Secretary of State’s determination”.

Khalil has been held in a detention facility in Louisiana since March. Earlier this month, he described the pain of missing the birth of his first child while being detained, saying: “When I heard my son’s first cries, I buried my face in my arms so no one would see me weep.”