Judge Rules Khalil Cannot be Detained or Deported for Foreign Policy Reasons

Federal District Judge Michael Farbiarz issued a preliminary injunction specifying the federal government cannot deport or detain Columbia University student Mahmoud Khalil for the foreign policy reasons proclaimed by Secretary of State Marco Rubio.

The injunction was set to take effect Friday morning, allowing time for federal lawyers to file an appeal. After detaining Khalil, immigration officials moved him to a facility in Louisiana, where the Circuit Court of Appeals is especially harsh.

Federal efforts to deport Khalil are based on Secretary of State Marco Rubio’s declaration that Khalil’s “presence or activities would compromise a compelling U.S. foreign policy interest.” Farbiarz previously said that justification for deporting him is probably unconstitutional.

In this ruling, 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.” The court’s ruling will “have no impact on efforts to remove [Khalil] for reasons other than the Secretary of State’s determination.” After Khalil’s case gained major attention, federal officials added allegations that he omitted some details on the application for his green card application. It is highly unusual to detain or deport an immigrant for minor errors or omissions on their paperwork, which was noted by Farbiarz. However, the court’s ruling does not affect detention or deportation of Khalil for reasons other than Rubio’s decision.

Farbiarz found that federal official are almost certain to have Khalil in detention because of Rubio’s decision, which was given as the reason early on, rather than due to anything about his green card paperwork.

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