Another day, another federal judge attempting to thwart President Donald Trump. This time, U.S. District Judge Michael Farbiarz of Newark, N.J., has ordered the Department of Homeland Security (DHS) to release Mahmoud Khalil, whom DHS has been holding in custody in Louisiana for his pro-Palestinian activism.
“Khalil, a prominent figure in pro-Palestinian protests against Israel’s war on Gaza, was arrested by immigration agents in the lobby of his university residence in Manhattan on March 8,” Reuters reports. “President Donald Trump, a Republican, has called the protests antisemitic and vowed to deport foreign students who took part, and Khalil became the first target of this policy.
“There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish the petitioner (Khalil),” said Farbiarz from the bench. He added that the Trump administration’s action was unconstitutional.
“Khalil, a legal permanent resident of the United States, says he is being punished for his political speech in violation of the U.S. Constitution’s First Amendment,” Reuters reports. “Khalil condemned antisemitism and racism in interviews with CNN and other news outlets last year.”
Needless to say, the Trump administration is planning to appeal the decision.
“There is no basis for a local federal judge in New Jersey — who lacks jurisdiction — to order Khalil’s release from a detention facility in Louisiana,” said White House spokeswoman Abigail Jackson. “We expect to be vindicated on appeal, and look forward to removing Khalil from the United States.”
Last week, Farbiarz declined to order Khalil’s release, but he stated that the administration was violating Khalil’s right to free speech. This week’s decision came after Khalil’s attorneys requested that the administration move him to a facility closer to his New Jersey home.
“Trump administration lawyers wrote in a June 17 filing that Khalil’s request for release should be addressed to the judge overseeing his immigration case, an administrative process over whether he can be deported, rather than to Farbiarz, who is considering whether Khalil’s March 8 arrest and subsequent detention were constitutional,” Reuters reports.
Farbiarz is a Joe Biden appointee, which should surprise no one.
This is a developing story, and we’ll have more information as it becomes available.
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