“Serious adverse foreign policy consequences”: Trump’s retaliation scheme against the protest organizer gets demolished by a federal judge, but the green card holder remains trapped

A federal judge has ruled that the Trump administration’s attempt to deport Mahmoud Khalil, a pro-Palestinian activist and recent Columbia University graduate student, is likely unconstitutional. Despite this ruling, Khalil remains in detention in Louisiana, where he has been held since March.

According to Politico, U.S. District Judge Michael Farbiarz issued a 106-page decision on Wednesday, requiring Khalil to present additional legal arguments for his release. Khalil, who has not been charged with any crime, was arrested in his university residence lobby and placed into deportation proceedings.

The Trump administration utilized a rarely used federal law provision that permits the deportation of any noncitizen if the Secretary of State determines their “presence or activities” in the United States would have serious adverse foreign policy consequences. Judge Farbiarz ruled that Secretary of State Marco Rubio’s application of this provision likely violated constitutional rights.

Immigration battle continues as new father remains detained

Khalil’s case has become particularly notable as he was the first in a series of foreign-born pro-Palestinian academics targeted by the Trump administration, despite holding green cards or valid student visas. During his detention, Khalil’s wife gave birth to their first child.

The judge’s ruling highlighted that Secretary Rubio failed to explain how Khalil’s activities affected U.S. relations with other countries, making the use of the provision “unconstitutionally vague.” However, the government maintains additional concerns, including allegations that Khalil omitted information about his membership in several organizations when applying for his green card.

While this federal case proceeds, Khalil faces parallel challenges in the immigration court system. An immigration judge in Louisiana has already ruled that Khalil can be deported as a national security risk, though he is expected to appeal this decision. Thanks to a previous order from Judge Farbiarz, the government cannot deport Khalil while his legal challenge remains active.

Khalil and his legal team argue that the administration’s actions represent illegal retaliation for his role in organizing campus protests related to the Israel-Hamas war. His lawyers expressed satisfaction with the court’s recognition of the likely unconstitutional nature of Secretary Rubio’s actions, stating they will work quickly to provide the additional information requested by the court to secure Khalil’s release and reunion with his family.