Federal judge demands the Trump administration justify its attempt to deport Palestinian Arab Columbia student Mahmoud Khalil under a rarely used law citing foreign policy concerns.
A federal judge in New Jersey has demanded that the Trump administration provide full legal documentation supporting its bid to deport Mahmoud Khalil, a Palestinian activist and graduate student at Columbia University, Reuters reports.
Judge Michael Farbiarz, presiding in Newark, issued an order Wednesday instructing the administration to present by Thursday morning a complete list of cases where the rarely used immigration statute—citing national foreign policy concerns—has been applied.
The law permits the removal of individuals whose presence is deemed by the Secretary of State to pose significant foreign policy risks to the United States.
Khalil, a permanent resident since 2024, was arrested at his New York City home in March and has remained in detention without formal charges since.
The deportation case is being pursued under a statute that allows immigration authorities to expel non-citizens when the Secretary of State “has reasonable ground to believe” their presence could result in “potentially serious adverse foreign policy consequences.”
Secretary of State Marco Rubio issued a two-page memorandum—undated and classified as confidential—alleging that Khalil’s activism, including his involvement in campus protests, contributed to a hostile climate for Jewish students and thus warranted removal from the country. “Antisemitic protests and disruptive activities” were cited in the memo as justification for the deportation proceedings.
The Trump administration has asserted that foreign students and green card holders who support Palestinian Arab activism or oppose Israeli policies risk undermining US diplomatic priorities, especially during the ongoing conflict in Gaza.
Khalil’s legal team disputes the administration’s use of the law, arguing that his statements and activities fall under constitutionally protected speech.
Judge Farbiarz has issued a temporary halt on Khalil’s deportation while reviewing constitutional issues raised in the case, including potential violations of free speech rights.
An immigration judge in Louisiana recently issued a ruling allowing the deportation of Khalil, who led anti-Israel protests on the Columbia University campus.
The government accuses Khalil of failing to disclose on his residency application what it described as his “membership” in the United Nations’ Palestinian refugee agency, UNRWA.
Khalil has rejected the allegations and framed his detention as retaliation for his political views.
