Federal judge rules Columbia University student's lawsuit can move forward

By Darren Lyn

HOUSTON, United States (AA) - A federal judge in New Jersey ruled Tuesday that a Columbia University graduate student's lawsuit can proceed, challenging his illegal detention by US immigration officials for his involvement in pro-Palestinian demonstrations on campus.

Mahmoud Khalil, 30, a legal permanent resident of the United States, was arrested by US Immigration and Customs Enforcement (ICE) officials on March 8 for participating in pro-Palestinian rallies at Columbia University in New York City. He was detained without due process of retaining a lawyer and having a court hearing and then transported to a detention facility nearly 1,400 miles (2,253 kilometers) away in the state of Louisiana.

The Department of Homeland Security (DHS) under the Trump administration argued that provisions of the Immigration and Nationality Act prevented the court from reviewing Khalil’s First Amendment claims to freedom of speech and expression and therefore disallowed his due process.

The court, however, disagreed with that argument, concluding "that jurisdiction is not stripped over the Petitioner’s claims that the Secretary of State’s determination and the alleged policy are unconstitutional." In addition, a previous court ruling blocked Khalil from being deported without a court order.

"I am relieved at the court’s finding that my husband can move forward with his case in federal court. This is an important step towards securing Mahmoud’s freedom," said Khalil's wife, Noor Abdalla, in a statement. "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."

"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," she added.

Khalil's lawyers have pending motions in court to have him returned to New York from Louisiana and to grant him bail while he awaits future court hearings. They are also requesting the court to grant a preliminary injunction which would immediately release him from custody to be reunited with his wife, who recently gave birth to the couple’s first child while Khalil was being detained.

"Today we moved one step closer to vindicating Mr. Khalil’s rights by challenging his unlawful detention and the administration’s unconstitutional and retaliatory actions against him," said Khalil's attorney, Amy Greer.

If the injunction is granted, it would also block President Donald Trump’s policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights.

"The court has affirmed that the federal government does not have the unreviewable authority to trample on our fundamental freedoms," Noor Zafar, senior staff attorney with the American Civil Liberties Union's (ACLU) Immigrants’ Rights Project, said in a statement.

"This is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech, and a rebuke of attempts by the executive to use immigration laws to weaken First Amendment protections for political gain," Zafar added.