A pro-Palestinian Columbia university graduate is to be released from immigration custody.

Mahmoud Khalil, 30, was detained by Immigration Customs Enforcement (ICE) and faces deportation from the US over allegations that he “led activities aligned with Hamas”.

The green card holder, who is married to an American, is a prominent figure in the pro-Palestinian movement which has seen scores of protests across America against the Israel-Gaza conflict.

Donald Trump has called the protests antisemitic and vowed to deport foreign students who took part. Mr Khalil was the first to be arrested under the policy.

On Friday Michael Farbiarz, a New Jersey district judge, ordered the Department for Homeland Security (DHS) to release him from custody at a jail for immigrants in rural Louisiana.

Judge Farbiarz said the government had made no attempt to rebut evidence provided by Khalil’s lawyers that he was not a flight risk or a danger to public.

“There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish the petitioner,” the judge said, adding that punishing someone over a civil immigration matter is unconstitutional.

Earlier this month, the same judge ruled that the government was violating Mr Khalil’s free speech rights by detaining him under a law granting the US secretary of state power to seek deportation of non-citizens whose presence in the country was deemed adverse to US foreigneleas policy interests, although he was not red at the time.

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