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Federal judge orders the release of Mahmoud Khalil

The Department of Homeland Security strongly criticized the ruling, claiming it interferes with presidential authority and stating that “those who advocate for violence” should not be allowed to remain in the country.

Mahmoud Khalil

Mahmoud KhalilYouTube/BreakThrough News.

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U.S. District Judge Michael Farbiarz of New Jersey ordered the government to release pro-Palestinian activist Mahmoud Khalil. In his ruling on Wednesday, he set a deadline of 9:30 a.m. Friday, giving the administration time to appeal. The order also blocked Khalil’s deportation.

Arrested in March, Khalil was one of the first foreign college students detained by authorities. The Syrian-born Palestinian immigrant and Columbia graduate became a symbol—both for supporters and critics—of the White House’s crackdown on campus protests.

Farbiarz rejected the argument that Khalil’s presence in the U.S. posed a threat to foreign policy efforts against anti-Semitism, criticizing the use of a rarely invoked law. He stated that continued detention would cause the protester “irreparable harm” to his career, freedom of expression, and family life.

However, the judge left open the possibility of continued detention on other grounds, including the government’s claim that Khalil misrepresented information on his legal residency application. Authorities allege he engaged in activities similar to those of Hamas, the militant group that governs Gaza and is currently at war with Israel.

"This is the news we've been waiting over three months for," Khalil's wife said. "Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen."

"Today’s ruling delays justice and seeks to undermine the President’s constitutionally vested powers," said Tricia McLaughlin, a spokesperson for the Department of Homeland Security, as quoted by Politico. "It is a privilege to be granted a visa or green card to live and study in the United States of America. When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, take over buildings and deface property, that privilege should be revoked, and you should not be in this country."

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