Mahmoud Khalil notches major victory in fight for release from ICE detention
Newark, New Jersey - A federal judge in New Jersey has granted Palestinian rights activist Mahmoud Khalil's request for a preliminary injunction, paving the way for his release from ICE detention.
"The Respondents have not contested the evidence put forward by the Petitioner, and in light of that the Court finds as a matter of fact that the Petitioner’s career and reputation are being damaged and his speech is being chilled – and this adds up to irreparable harm," US District Judge Michael Farbiarz wrote in his Wednesday ruling.
The US government has until 9:30 AM on Friday to appeal the decision, or Khalil will be released.
"This is the news we've been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen," Khalil’s wife, Dr. Noor Abdalla, said in a statement.
In a court filing last week, Khalil laid out the irreparable harm he has faced and would continue to face if he remained locked up at the Central Louisiana ICE Processing Center, where he has been in custody since his March 8 warrantless arrest in New York City.
Abdalla was eight months pregnant at the time of her husband's abduction. Missing Deen's birth and his first weeks of life were one of the most immediate harms Khalil has experienced amid his ongoing detention, he told the court.
"True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has," Abdalla said.
"I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father’s Day at home in New York with Deen in his arms."
Mahmoud Khalil likely to succeed on merits of case
Farbiarz in a prior opinion ruling said Khalil is likely to succeed on the merits of his case challenging the constitutionality of his arrest.
The 30-year-old green card holder was a prominent member of the Palestinian freedom movement at Columbia University and served as a mediator between student groups and the administration. His case is part of the Trump administration's crackdown on noncitizens at universities taking a stand for Palestinian human rights.
Citing an obscure provision in the Immigration and Nationality Act (INA), Secretary of State Marco Rubio personally signed off on Khalil's arrest, claiming he poses a risk to US foreign policy interests.
Farbiarz's preliminary injunction blocks the administration from using the INA provision to deport and detain Khalil.
"We are relieved that the court documented what was obvious to the world, which is that the government's vindictive and unconstitutional arrest, detention and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm," said Baher Azmy, legal director of the Center for Constitutional Rights.
"We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation."
Cover photo: REUTERS