We've been following the case of Mahmoud Khalil, an anti-Israel activist and former Columbia University graduate student, who was detained by Immigration and Customs Enforcement (ICE) in early March. Khalil allegedly led a number of the anti-Israel protests on the campus following Hamas' October 7, 2023, attack on Israel.
The case has included more twists and turns than a Six Flags rollercoaster, but in a nutshell, Khalil was initially picked up in New York, transferred through New Jersey, and then transported to the Central Louisiana ICE Processing Facility in Jena, Louisiana. A petition for habeas corpus was filed by his lawyers initially in New York, then in New Jersey, and District Court Judge Michael Farbiarz has been overseeing that case, even as an immigration court in Louisiana was handling Khalil's immigration proceedings.
One of the big issues in the New Jersey case is whether that court even has proper jurisdiction. Judge Farbiarz made the determination that he did in late April.
Flash forward to last week, when Farbiarz entered a preliminary injunction prohibiting the administration from removing or detaining Khalil on the basis of Secretary of State Marco Rubio's statement (that Khalil's activities and presence in the U.S. "compromise a compelling...foreign policy interest"). Two days later, Farbiarz appeared to acknowledge the administration might have a right to continue detaining Khalil on another basis (i.e., for fraudulently misrepresenting his admissibility at the time he was granted entry) and declined to order his release.
READ MORE: Judge Rules on Trump Admin's New Argument Regarding Continued Detention of Khalil by ICE
Khalil then filed a motion requesting that he be released on bail pending adjudication of his habeas case. Following a hearing on Friday, Farbiarz ordered Khalil to be released from immigration custody on bail, subject to the following conditions:
- Petitioner shall surrender any and all passports and travel documents to the Central Louisiana ICE Processing Facility in Jena, Louisiana. Respondent shall issue to Petitioner a certified copy of his passport and green card. These conditions shall be completed by 6:30 p.m. CST today. If the Respondent cannot provide the green card to Petitioner at the time of release, then Respondent shall provide it to his counsel on or by June 23, 2025;
- Petitioner's travel shall be restricted to New York and Michigan, as well as New Jersey and Louisiana for court appearances and attorney visits only, and Washington D.C. for lobbying/legislative purposes only. Petitioner may not travel beyond the restrictions noted in this Order. Petitioner may not travel internationally;
- Petitioner shall attend all court hearings, absent an order to the contrary issued by the court convening the hearing;
- Petitioner shall provide his most current address to the Department of Homeland Security within 48 hours of his release;
- At or by 6:30 p.m. CST, the parties MUST must file a letter on the docket confirming that Condition #1 has been completed.
The government requested a stay of the decision, but Farbiarz denied that. As of this writing, the government has not appealed today's ruling. However, shortly after it was issued, the Department of Homeland Security issued a statement on X regarding the case:
An immigration judge, not a district judge, has the authority to decide if Mr. Khalil should be released or detained. On the same day an immigration judge denied Khalil bond and ordered him removed, one rogue district judge ordered him released. This is yet another example of how out of control members of the judicial branch are undermining national security. Their conduct not only denies the result of the 2024 election, it also does great harm to our constitutional system by undermining public confidence in the courts.
It is a privilege to be granted a visa or green card to live and study in the United States of America. The Trump Administration acted well within its statutory and constitutional authority to detain Khalil, as it does with any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property. An immigration judge has already vindicated this position. We expect a higher court to do the same.
That seems to indicate an intention to appeal. Given the 6:30 PM CST timeline, that will likely be on file shortly.
We'll continue to monitor the case and provide any updates as warranted.
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