Hamas supporter Mahmoud Khalil, a green-card holder who led pro-Hamas protests at Columbia University in New York City, will not be released from ICE custody, a New Jersey District Judge ruled on Friday.
New Jersey District Judge Michael E. Farbiarz rejected Khalil’s request for release, ruling on Friday that the anti-Israel agitator “did not put forward factual evidence as to why it might be unlawful to detain him” on a second charge, and “failed to make meaningful legal arguments.”
“The Court preliminary enjoined the Respondents from detaining the Petitioner on a particular charge,” Judge Farbiarz wrote, noting, “It would be plainly be unlawful to detain the Petitioner on a charge the Court preliminarily enjoined.”
However, “the Respondents have now represented that the Petitioner is being detained on another, second charge,” the judge added.
“As the Court noted at some length on May 28, the Petitioner did not put forward factual evidence as to why it might be unlawful to detain him on the second charge, and the Petitioner failed to make meaningful legal arguments as to that second charge,” Judge Farbiarz said.
“The Petitioner has not sought appellate review as to the Court’s May 28 holdings,” the New Jersey District Judge added.
While “a number of avenues are now available” to Khalil, “including a bail application to the immigration judge presiding over the immigration case,” the Columbia University graduate’s request for release has been denied, Judge Farbiarz wrote in his ruling.
“To the extent the Petitioner requests relief from this Court, the request is denied,” the U.S. District Court for New Jersey judge said.
The ruling comes after Judge Farbiarz ruled on Wednesday that ICE could not detain the anti-Israel activist and Algerian citizen based on U.S. Secretary of State Marco Rubio’s determination.
The judge, however, noted during his Wednesday ruling that federal officials could appeal or keep detaining Khalil for other reasons.
On Friday, Justice Department officials argued that while Khalil cannot be detained based on Rubio’s decision, he can be detained for having omitted information on his green card application, according to multiple reports.
As Breitbart News reported, U.S. Immigration and Customs Enforcement (ICE) arrested Khalil in March after the Palestinian activist and Columbia University graduate led radical protests on the school’s campus.
The move was taken by many as a sign of a Trump administration crackdown.
Alana Mastrangelo is a reporter for Breitbart News. You can follow her on Facebook and X at @ARmastrangelo, and on Instagram.
