Judge Grants Bail to Columbia Student Mahmoud Khalil
A federal judge has granted bail to Mahmoud Khalil, a Columbia University graduate and pro-Palestinian activist, more than three months after his controversial detention by U.S. immigration authorities.
Khalil, 30, was arrested on March 8, 2025, by U.S. Immigration and Customs Enforcement (ICE) in New York, amid growing concerns over the treatment of student activists during the Trump administration’s renewed immigration crackdown.
His arrest, widely viewed as politically motivated due to his involvement in pro-Palestinian protests on campus, sparked demonstrations in New York City and Washington, D.C.
At the time of his arrest, Khalil had recently completed his graduate studies at Columbia. During the university’s commencement ceremony, his wife, Dr. Noor Abdalla, accepted his diploma on his behalf, while he remained in ICE custody at a detention facility in Louisiana. The couple’s first child was also born during Khalil’s detention.
Although Khalil has not been charged with any criminal offense, his detention was initially justified under a rarely used provision of the Immigration and Nationality Act.
Florida Senator Marco Rubio, acting in his capacity as Secretary of State, invoked the statute to argue that Khalil’s presence in the U.S. posed “potentially serious adverse foreign policy consequences.” Legal experts called the move highly unusual and possibly unconstitutional.
Last week, U.S. District Judge Michael Farbiarz ruled that the government’s rationale for detaining Khalil under that statute was likely unconstitutional, stating that it infringed on Khalil’s rights and could not serve as grounds for deportation or indefinite detention.
The government then pivoted, alleging that Khalil had failed to disclose certain information when applying for permanent residency in 2024. This became the new basis for keeping him in custody.
However, during a two-hour hearing on Friday, Judge Farbiarz strongly questioned the government’s justification.
He described the continued detention of a lawful permanent resident on such grounds as “highly unusual” and suggested it appeared to be retaliatory.
“It’s overwhelmingly unlikely that someone in Khalil’s position would be held solely on this charge,” the judge said.
“There appears to be an effort to use immigration law as a tool to punish him for his political expression—particularly his public stance against Israeli military operations in Gaza.”
As part of the ruling, Khalil will be released without electronic monitoring. He will receive a certified copy of his green card and passport to travel domestically and attend court proceedings.
The government will keep his original passport, and international travel is strictly prohibited.
Khalil’s legal team, led by attorneys from the NYU Immigrant Rights Clinic, welcomed the decision. “No one should be jailed in America for speaking out,” said Alina Das, co-director of the clinic.
“We are relieved that Mahmoud will soon be reunited with his family while we continue to fight this case.”
His wife, Dr. Abdalla, expressed relief, saying in a statement via the American Civil Liberties Union: “After over three agonizing months, we can finally breathe knowing Mahmoud is on his way home to me and our son, Deen—who never should have been separated from his father.”
The Biden administration, however, sharply criticized the ruling. White House spokeswoman Abigail Jackson reiterated the government’s stance, accusing Khalil of “fraud and misrepresentation” and calling his conduct “detrimental to American foreign policy interests.”
“The judge lacked the authority to grant this release,” Jackson said. “We expect to win on appeal and fully intend to proceed with Khalil’s removal from the United States.”
Despite the legal battle still ahead, the court’s decision marks a significant victory for Khalil and his supporters, who view his detention as emblematic of the increasing pressure on activists and immigrants in politically sensitive times.
Judge Grants Bail to Columbia Student Mahmoud Khalil