Mahmoud Khalil, a pro-Palestinian activist and Columbia University graduate, will remain in Immigration and Customs Enforcement (ICE) custody after the Trump administration pivoted to a new legal argument just hours before his court-ordered release Friday.
Khalil, a lawful permanent resident and prominent voice in last spring’s Columbia encampment protests, was originally detained based on Secretary of State Marco Rubio’s determination that he posed a threat to U.S. foreign policy. But District Judge Michael Farbiarz ruled Wednesday that such reasoning alone could not justify indefinite detention.
On Friday, however, government attorneys asserted a new basis: that Khalil omitted details of past employment from his green card application. Farbiarz accepted the argument, stating in his prior ruling that the administration could continue detention based on alternate charges.
Khalil’s lawyers condemned the last-minute switch, saying the government is punishing him for his activism. “It is unjust, it is shocking, and it is disgraceful,” said attorney Amy Greer.
Khalil has been in ICE custody since March 8, missing the birth of his first child. “Instead of holding my wife’s hand in the delivery room, I was crouched on a detention center floor,” he wrote in a court filing.
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