Judge Blocks Rubio's Attempt to Deport Palestinian Columbia Grad Over Protests

Judge Blocks Rubio's Attempt to Deport Palestinian Columbia Grad Over Protests

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A US judge has temporarily halted Secretary of State Marco Rubio's attempt to detain and remove a Palestinian Columbia University graduate from the country. The ruling represents a significant legal setback for the administration's efforts to deport Mahmoud Khalil based on his involvement in campus protests.


District Judge Michael Farbiarz of New Jersey issued the preliminary injunction on June 11th. He determined federal officials cannot proceed with Khalil's deportation for the time being. The decision responds to Khalil's urgent request to prevent his removal while his legal status is contested.


Khalil, a 30-year-old lawful permanent resident, has been held in a Louisiana detention facility since March. Authorities detained him in the lobby of his university-affiliated New York City apartment building. His legal team has persistently advocated for his release, emphasizing his desire to reunite with his wife and their newborn son, Deen.


The government revoked Khalil's legal status, attributing the action to his participation in pro-Palestinian demonstrations at the Ivy League institution. Secretary Rubio invoked a rarely used clause within the 1952 Immigration and Nationality Act. This provision permits the Secretary of State to expel individuals believed to impact US foreign policy interests through their activities or presence.


Judge Farbiarz firmly rejected Rubio's asserted authority in this instance. He highlighted the severe consequences Khalil faces, including damage to his professional trajectory and personal reputation. Crucially, the judge ruled that the deportation effort unlawfully suppressed Khalil's constitutionally protected right to free speech. "This adds up to irreparable harm," Farbiarz stated in his decision.


The administration presented an alternative justification for removal, alleging inaccuracies in Khalil's residency application. However, Judge Farbiarz dismissed this argument's significance in the detention context. He noted that lawful permanent residents are almost never detained pending removal for the type of application omissions cited against Khalil.


The judge concluded it was "overwhelmingly likely" Khalil wouldn't be detained solely on the application issue. His detention, Farbiarz determined, "almost surely flows" directly from Secretary Rubio's foreign policy-based removal order.


Recognizing the case's gravity, Farbiarz delayed the injunction's effect until the morning of June 13th. This stay provides the government a brief window to appeal the ruling to a higher court. Furthermore, the injunction will only activate once Khalil posts a nominal bond of $1.


Requests for comment from the Justice Department, State Department, and Khalil's attorneys received no immediate response. The case continues to draw attention as a test of governmental authority concerning free speech and the deportation of lawful residents.

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