Palestinian activist Mahmoud Khalil can remain in detention, federal judge says

By Andy Rose, Dalia Faheid, CNN

(CNN) — Mahmoud Khalil’s hopes of being freed on bond as he continues fighting the Trump administration’s efforts to deport him were dashed Friday, despite a judge saying the government could no longer hold Khalil on the premise that his presence in the country is against the national interest.

Judge Michael Farbiarz said the determination by Secretary of State Marco Rubio that the Palestinian activist and Columbia University graduate student’s presence in the country had “potentially serious adverse foreign policy consequences for the United States” was likely unconstitutional.

But attorneys for the Department of Justice said the judge’s decision did not prevent them from continuing to hold Khalil on a second claim – that he failed to give required information in his application to become a legal permanent resident of the US, in their response letter to the judge on Friday.

Farbiarz did not specifically strike down that charge as a reason for detaining Khalil – a distinction the Trump administration is seizing on – and on Friday the judge ruled that the administration’s interpretation of his order is correct.

Farbiarz denied Khalil’s request for relief on Friday afternoon, saying his legal team “did not put forward factual evidence as to why it might be unlawful to detain him on the second charge.”

The administration had been given until 9:30 a.m. Friday to file an appeal, or else the preliminary injunction would go into effect. No appeal was filed Friday, and Khalil’s attorneys demanded his release.

“The deadline has come and gone and Mahmoud Khalil must be released immediately. Anything further is an attempt to prolong his unconstitutional, arbitrary, and cruel detention,” Khalil’s legal team said in a statement Friday morning.

CNN has reached out to Khalil’s attorneys for comment on the judge’s Friday ruling.

Khalil has not been charged with a crime.

The Syrian-born Palestinian refugee is one of several foreign nationals the Trump administration has accused of posing a national security threat due to alleged ties to terrorist organizations – a claim his attorneys have repeatedly disputed.

The administration has relied on an obscure section of US law to argue that Khalil should be deported because his presence in the United States threatens the administration’s foreign policy goal of combatting antisemitism.

His lawyers, meanwhile, challenged the legality of Khalil’s detention and contend he was targeted for his pro-Palestinian views in violation of his constitutional rights. They argue the government’s evidence is insufficient and based solely on a letter from Secretary of State Marco Rubio that does not allege criminal activity.

This is a developing story and will be updated.

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CNN’s Gloria Pazmino contributed to this report.