US court orders release of pro-Palestine activist, cites 'irreparable damage' to his career, reputation

A federal judge on Wednesday ruled that the Trump administration cannot justify detaining Mahmoud Khalil, a former Columbia University student and legal US resident, based on US foreign policy interests. The ruling is a major legal blow to the administration’s attempt to deport foreign students involved in pro-Palestinian protests on campuses.

US District Judge Michael Farbiarz said Khalil’s detention violated his First Amendment rights, causing “irreparable harm” by suppressing his freedom of speech and damaging his career and reputation.

“The Petitioner’s career and reputation are being damaged and his speech is being chilled,” Farbiarz wrote in his decision. “This adds up to irreparable harm.”

US District Judge Farbiarz, who sits in Newark, New Jersey, said his ruling would take effect on Friday at 9:30 am EDT (1:30 pm GMT), giving the federal government time to file an appeal. “This is to allow the respondents to seek appellate review should they wish to,” he said.

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In his decision, Judge Farbiarz said the Trump administration violated the free speech rights of student and activist Mahmoud Khalil by detaining him and trying to deport him under a rarely used immigration law. The law allows the US Secretary of State to order the deportation of any non-citizen deemed a threat to America’s foreign policy.