Judge rules Mahmoud Khalil can’t be deported or detained for foreign policy reasons cited by Rubio

Judge rules Mahmoud Khalil can’t be deported or detained for foreign policy reasons cited by Rubio

CBS News reports:

A federal judge ruled Wednesday that the federal government cannot deport or detain Columbia University activist Mahmoud Khalil for the foreign policy reasons cited by the Trump administration.

The preliminary injunction — issued by U.S. District Judge Michael Farbiarz of New Jersey — does not go into effect until Friday morning, giving the government a chance to appeal. But it marks a blow to the Trump administration’s push to remove Khalil, a green card holder who was detained by immigration agents in March and is currently being held in Louisiana.

The ruling focuses on Secretary of State Marco Rubio’s determination that Khalil’s “presence or activities would compromise a compelling U.S. foreign policy interest.” Farbiarz had previously said that seeking to deport Khalil for that reason is probably unconstitutional, but had stopped short of issuing an injunction until Wednesday.

Farbiarz said, “the Court finds as a matter of fact that [Khalil’s] career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm.”

Crucially, Farbiarz said his findings “have no impact on efforts to remove [Khalil] for reasons other than the Secretary of State’s determination.” That means the administration could still try to deport Khalil for allegedly leaving out details on his green card application — another reason that government lawyers have given for his detention.

But Farbiarz found that the government is almost certainly detaining Khalil right now because of the Rubio determination, and not due to issues with his green card application. He noted it’s very rare for green card holders to be held in detention for omitting information on their paperwork. [Continue reading…]

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