A federal judge granted Mahmoud Khalil’s request for a preliminary injunction, after concluding that he would continue to suffer irreparable harm if he remains detained. This comes after the court held last week that Mr. Khalil was likely to succeed on the merits of his constitutional challenge to the government's detention and attempted deportation on foreign policy grounds.
The court also ruled that it was unconstitutional to detain and seek to deport someone purely for their advocacy, here on behalf of Palestinian human rights. The government has until 9:30 a.m. on Friday to appeal the decision before Mr. Khalil must be released.
“This is the news we’ve been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen,” said Dr. Noor Abdalla, Mahmoud Khalil’s wife. “True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has. I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father’s Day at home in New York with Deen in his arms.”
The preliminary injunction blocks the Trump administration from using the provision of the Immigration and Nationality Act that Secretary of State Marco Rubio invoked to detain and attempt to deport Mr. Khalil, and other students and students and scholars, for their speech. This is the first federal court to rule that Mr. Khalil and other noncitizens cannot be deported based solely on the so-called “foreign policy ground” of the INA, a blow to the Trump administration’s attempt to suppress the speech of those who protest and speak out in support of Palestinian rights.
The court found that “it is overwhelmingly likely that the Petitioner would not be detained based solely on the lawful-permanent-resident-application charge. Rather, the Court finds, the Petitioner’s detention almost surely flows from the charge that is based on the Secretary of State’s determination.”
“We are relieved that the court documented what was obvious to the world, which is that the government's vindictive and unconstitutional arrest, detention and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm,” said Baher Azmy, legal director of the Center for Constitutional Rights. “We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation.”
This decision comes less than a week after the court asked for and received additional information about the irreparable harm Mr. Khalil is experiencing in ICE detention in order to rule on his outstanding request for release and the preliminary injunction.
On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,300 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. Since being unlawfully detained, Mr. Khalil has been forced to miss the birth of his first child and other irreplaceable moments in his family's life.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, the ACLU of Louisiana, and the American Civil Liberties Union (ACLU).
The following are quotes from Mr. Khalil’s legal team:
Brett Max Kaufman, senior counsel in the ACLU’s Center for Democracy, said, “Today’s ruling is a huge win for the Constitution and the rights of citizens and non-citizens alike. No one should be imprisoned or deported for their political beliefs, and the three months that Mahmoud has spent in detention are an affront to the freedoms that this country is supposed to stand for.”
Ramzi Kassem, co-founder and director of CLEAR, said: “This vindicates what Mahmoud has maintained since day one — that the government cannot detain or deport him based on Rubio’s say-so. ICE should now do the right thing and release Mahmoud immediately so he can return to his wife, Noor, and their newborn baby boy, Deen.”
Marc Van Der Hout, founding partner at Van der Hout LLP, said: “The district court soundly and clearly rejected DHS’s attempt to deport Mahmoud for speaking out about the genocide in Gaza. The three months of illegal incarceration that Mahmoud has suffered is outrageous, and ICE should immediately release him. There is absolutely no legitimate reason for his continued unjust and cruel detention.”
Donna Lieberman, executive director of the New York Civil Liberties Union, said: “Today the Court clearly rejected the government’s attempts to deport Mahmoud Khalil based on Secretary Rubio’s determination. Now, after three months, there is no basis for his detention and Mr. Khalil must finally be able to go home and support his wife and newborn. Ideas are not illegal, and no administration should ever unilaterally incarcerate, suppress, or remove people for expressing opinions with which they disagree.”
Amy Greer, associate at Dratel & Lewis, said: “Today, the judge found what we already knew — the Rubio determination is unconstitutional. The U.S. government cannot detain people for their protected political advocacy. Today was the first step to justice, but we will not stop fighting until Mahmoud is home with his wife and child.”
The order can be viewed here. For all case materials, please see here, here, and here.
