A federal judge has ruled that Columbia University activist Mahmoud Khalil can remain in the U.S. Immigration and Customs Enforcement (ICE) custody while his eligibility for permanent residency is under legal scrutiny. The ruling, issued on Friday, June 13th, came after weeks of legal debate over Khalil’s alleged omissions on immigration forms. Judge Michael Farbiarz of New Jersey denied a request for immediate release, stating the government’s alternative grounds for detention were legally sufficient.
Khalil, a permanent U.S. resident and recent father, was arrested in March following his leadership in pro-Palestinian protests at Columbia University. Although Judge Farbiarz had previously questioned the Trump administration’s use of foreign policy-based deportation powers under the Immigration and Nationality Act of 1952, he later permitted continued detention based on alleged fraud in Khalil’s legal residency application. The administration claims Khalil failed to disclose past affiliations with the United Nations Relief and Works Agency (UNRWA), a group some have accused, without direct evidence, of ties to terrorism.
The Department of Homeland Security argues that Khalil misrepresented both his involvement with UNRWA and his employment history with the British Embassy in Beirut. In response, Khalil’s legal team insists he was never an “officer” with UNRWA but merely completed a university-supervised internship. They also affirm that all dates on his application were accurate and verifiable. Judge Farbiarz noted that fraud charges of this nature are “virtually never” used to justify immigration detention, and some have suggested that the case is politically motivated.
Brett Max Kaufman of the American Civil Liberties Union condemned the decision as an attempt to “delay justice” for Khalil. Advocates argue that the charges are being used to penalize Khalil for protected political speech. As deportation proceedings continue in Louisiana, Khalil remains separated from his newborn son and his wife, a U.S.-born dentist. Requests to transfer him to a facility nearer to his family have been denied, raising concerns about the rights of detained immigrant parents.
Khalil’s attorneys have also filed a habeas corpus petition challenging the constitutionality of his detention. Judge Farbiarz advised them to seek bail through immigration court channels. The broader legal community remains divided, with free speech organizations questioning the government’s application of federal authority. Khalil’s arrest has become a flashpoint in a broader crackdown on pro-Palestinian activism on U.S. campuses and may test the limits of First Amendment protections in immigration proceedings.
Public support for Khalil continues to grow, with human rights groups and celebrities rallying for his release. Father’s Day appeals have intensified pressure on ICE, as Khalil’s supporters highlight the emotional toll of his confinement. Advocacy groups argue that detention contradicts American principles of due process and free expression, especially in cases where no criminal charges have been filed.
