Trump administration refuses to release pro-Palestinian activist despite judge's order

By Darren Lyn

HOUSTON, United States (AA) - The Trump administration announced in a court filing Friday that it will not release detained pro-Palestinian activist Mahmoud Khalil despite a federal judge's order.

On Wednesday, US District Judge Michael Farbiarz issued a preliminary injunction barring the government from deporting or continuing to detain Khalil, 30, based on the determination that his continued presence in the US would pose a risk to foreign policy.

According to Trump administration officials, Khalil was detained for allegedly supporting Hamas, which Khalil's lawyers deny.

The US Department of Justice argued in a court filing on Friday that the judge's order does not prevent the government from detaining Kahlil on a second set of charges, regardless of how unusual his detention on those grounds may be.

"While the Court made a factual finding that it was unlikely that Khalil would be detained on another basis... the Court never held that it would be unlawful for Respondents to detain Khalil based on another charge of removability," DOJ lawyers wrote.

The immigration judge overseeing Khalil's removal proceedings has not decided if the Columbia University graduate is deportable under the second set of allegations, which claim that Khalil misrepresented information on his green card application.

According to ABC News, Department of Homeland Security (DHS) officials claim that Khalil failed to disclose on his green card application that he was a member of the Columbia University Apartheid Divestment coalition and misrepresented his time working for the Syria Office at the British Embassy in Beirut.

"Khalil is now detained based on that other charge of removability. Detaining Khalil based on that other ground of removal is lawful," Justice Department lawyers continued in their filing. "An alien like Khalil may be detained during the pendency of removal proceedings regardless of the charge of removability."

Khalil's lawyers have submitted several declarations corroborating that the information he submitted on his green card application was accurate.

Khalil was arrested on March 8 in the lobby of his New York City apartment building and transferred to an immigration detention facility 1,400 miles (2,253 kilometers) away in the state of Louisiana, where he has been held since the court proceedings began.