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Although the decision does not order the immediate release of Khalil, it undermines the case of the United States government against Khalil.
A federal judge of New Jersey judged that the administration of US President Donald Trump cannot use an obscure law to hold Columbia university students Mahmoud Khalil For its pro-Palestine plea.
On Wednesday, the decision of the American district judge Michael Farbiarz reduced the heart of the justification of the Trump administration to expel Khalil, an American permanent resident. But he failed to command Khalil’s immediate release from detention.
Instead, judge Farbiarz gave the administration until 9:30 am premises (1:30 p.m. GMT) Friday to call. After this moment, Khalil would be eligible for the release of a $ 1 deposit.
Nevertheless, the judge wrote that the administration raped Khalil’s right to freedom of expression by holding and trying to expel him under a provision of the Immigration and Nationality Act in 1952. This provision allows the Secretary of State to withdraw foreign nationals who have “consequences of unavailing foreign policy potentially serious for the United States”.
Judge Farbiarz previously pointed out that he thought that the provision is unconstitutional, contradicting the right to freedom of expression.
“The career and reputation of the petitioner are damaged and his speech is cooled,” wrote Farbiarz on Wednesday. “This adds up to irreparable damage.”
Khalil was arrested on March 8 after immigration agents appeared in his student building at Columbia University in New York. After its arrest, the State Department revoked its green card. He has since been detained in an immigration detention center in Louisiana.
The administration accused Khalil, a student head of protest, Anti -Semitism and the support of Hamas, but the officials did not propose any evidence in support of their complaints, either publicly or in legal files.
Critics have rather argued that the administration uses such claims to silence all forms of pro-Palestine plea.
Like other student demonstrators targeted for expulsion, Khalil disputes his expulsion before the immigration court, while simultaneously contesting his arrest and detention in federal procedures.
The latter is called a Habeas Corpus petition, and he says that the Trump administration violated its civil freedoms by keeping it illegally behind bars.
While students in other high -level cases – including Mohsen Mahdawi, Believe Ozturk And Badar Khan Suri – have all been released from detention while their legal proceedings move forward, a decision in the case of Khalil was slower.
In April, an immigration judge had judged that Khalil was expensive on the basis of the interpretation by the State Department of the 1952 law, despite a written letter from the American Secretary of State Marco Rubio providing no other evidence for the allegations made against him.
Immigration judges fall under the executive of the United States government and are generally considered to be less independent than judges in the judiciary.
Also this month, the immigration authorities denied The request of temporary liberation khalil for the birth of his son.
In the case before the New Jersey Federal Court, during this time, the Trump administration argued that Khalil was not entirely transparent in his request for a green card, which his lawyers deny. But judge Farbiarz said on Wednesday that he was unusual and “extremely improbable” for permanent residents to hold for such reasons.
