Govt Misses Appeal Deadline But Refuses to Release Mahmoud Khalil

U.S. government prosecutors told New Jersey District Judge Michael Farbiarz that they would not be releasing detained Columbia student Mahmoud Khalil today, despite Judge Farbriarz’s determination on Wednesday that detaining Khalil on the basis of Secretary of State Marco Rubio’s claim that he poses a risk to U.S. foreign policy was likely unconstitutional.

The judge gave the Trump administration until today to appeal that finding. Instead, the government said that a second accusation against Khalil, that he misrepresented himself on his visa application, was sufficient ground to keep him in detention. Stunningly, Farbiarz has now sided with the Trump administration.

That claim remains to be adjudicated upon in Khalil’s parallel proceedings in immigration court in Louisiana, where Khalil is detained. The immigration judge refused to hear the defense’s evidence refuting this charge on the basis that the determination Khalil was “removable” was based exclusively on Rubio’s determination, which a federal judge has now found to be unconstitutional. When granting the preliminary injunction only against the Rubio determination, Farbiarz noted this was the sole basis on which Khalil had been found to be removable. 

Defending Rights & Dissent Policy Director Chip Gibbons said,

“We are deeply disturbed that a federal judge who has acknowledged Khalil’s detention was likely the result of an unconstitutional action by Rubio has now sided with the Trump administration’s retaliatory attempt to keep Khalil locked away. Every minute Mahmoud Khalil remains confined for opposing a genocide casts a shadow across the First Amendment. In order to undo the chilling effect on free speech and the irreparable harm done not just to Khalil, but to our democracy, Khalil must be freed.” 

Gibbons discussed Khalil’s entire legal case in a new interview on FAIR’s CounterSpin podcast, giving an update on the latest legal developments, Khalil’s conditions in Louisiana detention, and what this means for the future of free speech in America.

Khalil’s continued detention is a disturbing departure from the cases of other noncitizens detained for their speech in defense of Palestine: Georgetown scholar Badar Khan Suri, Columbia graduate student Mohsen Mahdawi, and Tufts graduate student Rumeysa Ozturk were all released on bail pending a prior resolution of their federal constitutional claims. Khalil, whose request to witness the birth of his son was denied, remains in jail.