(CN) — A New Jersey federal judge on Tuesday shored up his determination that he has jurisdiction to decide the fate of Mahmoud Khalil, the Palestinian Columbia University graduate facing deportation for advocating against Israel’s ongoing bombing campaign in the Gaza Strip.
On April 11, an immigration judge in Louisiana, where Khalil is detained, said the 30-year-old Syrian-born activist can be kicked out of the U.S. as a national security risk, siding with the secretary of state in its determination that Khalil was “deportable” based on his activism.
But immigration courts don’t have the power to give Khalil the relief he seeks in his claim that the government’s determination was unconstitutional, nor could they carry out the fact-finding that a federal appeals court would need down the road, U.S. District Judge Michael Farbiarz said in his 108-page ruling.
“In a nutshell: The petitioner seeks here an injunction vacating the secretary of state’s determination. But the immigration courts cannot issue injunctions. And they cannot suppress evidence (like the secretary’s determination) on First Amendment grounds,” the Joe Biden-appointed judge wrote.
Farbiarz shot down the Trump administration’s argument that the Immigration and Nationality Act prevents him from reviewing Khalil’s free speech claims right now.
Attorneys for Khalil said the decision is important not only for Khalil but also for other students the Trump administration has illegally detained in retaliation for their political speech.
“We are grateful the court wisely understood that this is no ordinary immigration case that might be subject to congressional limitations on federal court review,” Baher Azmy, legal director of the Center for Constitutional Rights, said in a statement. “In a case like this, where Mahmoud is challenging a patently unconstitutional policy and being punished for his protected speech in support of Palestinian rights, the federal courts have to review and hopefully soon invalidate the government’s outrageous action.”
Khalil is a lawful permanent resident and green card holder. Federal agents detained him on March 8 in the lobby of his Manhattan apartment building; overnight, he was transferred to a holding facility in New Jersey before being moved to Louisiana.
His detention — and Immigration and Customs Enforcement’s denial of his request to be let out temporarily — forced him to miss the birth of his first child. His wife, Dr. Noor Abdalla, 28, announced the birth of the couple’s son on April 21.
On Tuesday, Abdalla said she was relieved the case would move forward in federal court.
“This is an important step towards securing Mahmoud’s freedom. But there is still more work to be done. I will continue to strongly advocate for my husband, so he can come home to our family, and feel the pure joy all parents know of holding your first-born child in your arms,” she said in a statement.
“As I am now caring for our barely week-old son, it is even more urgent that we continue to speak out for Mahmoud’s freedom, and for the freedom of all people being unjustly targeted for advocating against Israel’s genocide in Gaza,” Abdalla said.
Earlier this month, Farbiarz rejected the government’s request to dismiss Khalil’s habeas corpus and its argument that the case should be heard in Louisiana instead of the Garden State.
The judge denied Khalil’s request for bail in late March.
Khalil has also requested a preliminary injunction, which would grant his immediate release and allow him to return to his family. If granted, the injunction would block President Donald Trump’s policy of arresting and detaining noncitizens who have spoken out in support of Palestinian rights, Khalil attorneys said.
