A federal judge ordered Mahmoud Khalil to be released on bail.
The former Columbia University student and Palestinian activist has been held by the Trump administration, in a Louisiana detention facility, since March.
“There is at least something to the underlying claim that there is an effort to use the immigration charge here to punish Mr. Khalil,” said Judge Michael E. Farbiarz during the Friday phone hearing. “And of course that would be unconstitutional.”
Earlier this month, in response to a habeas corpus petition, Farbiarz ruled that Trump could not detain or deport Palestinian student activist Khalil based on Secretary of State Marco Rubio’s determination. However, the government said it would continue to detain him for allegedly lying on his residency application.
“After more than three months we can finally breathe a sigh of relief and know that Mahmoud is on his way home to me and Deen, who never should have been separated from his father,” said Dr. Noor Abdalla, Mahmoud Khalil’s wife in a statement.
“We know this ruling does not begin to address the injustices the Trump administration has brought upon our family, and so many others the government is trying to silence for speaking out against Israel’s ongoing genocide against Palestinians. But today we are celebrating Mahmoud coming back to New York to be reunited with our little family, and the community that has supported us since the day he was unjustly taken for speaking out for Palestinian freedom,” the statement continued.
“We are so relieved Mahmoud is finally out of his cruel, remote detention, but equally outraged that it took this long and that Mahmoud had to fight this hard to challenge such outrageous and unconstitutional government conduct,” said Center for Constitutional Rights legal director Baher Azmy. “All Americans should be grateful that Mahmoud had the fortitude to defend basic first amendment principles – and his pursuit of justice for Palestinians – against the administration’s autocratic tactics, which threaten us all.”
“It is an enormous relief that Palestinian human rights defender Mahmoud Khalil can return to New York while his case proceeds. Now, Mr. Khalil will thankfully be reunited with his wife and newborn — a bond that never should have been broken in the first place,” said NYCLU executive director Donna Lieberman.
“Ideas are not illegal, and no administration should ever incarcerate people for expressing opinions they disagree with. We are heartened and relieved that Mr. Khalil can return to his family, community, and counsel, and the NYCLU will continue to fight back against Trump’s unconstitutional attacks on free speech and dissent.”
