Mahmoud Khalil to Be Freed From Detention, Reunite With Wife and Son as Case Proceeds
NEWARK, N.J. 鈥 A federal court today granted bail to Mahmoud Khalil, the Columbia University graduate student and lawful permanent resident targeted for deportation by the Trump administration because of his Palestinian rights advocacy. He will be able to return to New York to be with his wife and newborn son while his case proceeds.
鈥淎fter more than three months we can finally breathe a sigh of relief and know that Mahmoud is on his way home to me and Deen, who never should have been separated from his father,鈥 said Dr. Noor Abdalla, Mahmoud Khalil鈥檚 wife. 鈥淲e know this ruling does not begin to address the injustices the Trump administration has brought upon our family, and so many others the government is trying to silence for speaking out against Israel鈥檚 ongoing genocide against Palestinians. But today we are celebrating Mahmoud coming back to New York to be reunited with our little family, and the community that has supported us since the day he was unjustly taken for speaking out for Palestinian freedom.鈥
Last Friday, the government informed the court it would continue to detain Mr. Khalil in a remote ICE detention facility in Jena, Louisiana, over false allegations related to supposed omissions on his green card application. The government鈥檚 new reliance on the 鈥渕isrepresentation鈥 allegations comes after the judge ruled the government could not keep detaining him on the grounds that his speech had adverse foreign policy consequences. Since being detained on March 8, Mr. Khalil has missed the birth of his first child, their family鈥檚 first Mother鈥檚 Day and Father鈥檚 Day, and his graduation from Columbia.
鈥淣o one should fear being jailed for speaking out in this country,鈥 said Alina Das, co-director of the Immigrant Rights Clinic at New York University School of Law, who argued before the court today. 鈥淲e are overjoyed that Mr. Khalil will finally be reunited with his family while we continue to fight his case in court.鈥
鈥淭his is a joyous day for Mahmoud, for his family, and for everyone鈥檚 First Amendment rights,鈥 said Noor Zafar, senior staff attorney with ACLU. 鈥淪ince he was arrested in early March, the government has acted at every turn to punish Mahmoud for expressing his political beliefs about Palestine. But today鈥檚 ruling underscores a vital First Amendment principle: The government cannot abuse immigration law to punish speech it disfavors.鈥
鈥淚t is an enormous relief that Palestinian human rights defender Mahmoud Khalil can return to New York while his case proceeds. Now, Mr. Khalil will thankfully be reunited with his wife and newborn 鈥 a bond that never should have been broken in the first place,鈥 said Donna Lieberman, executive director at the NYCLU. 鈥淚deas are not illegal, and no administration should ever incarcerate people for expressing opinions they disagree with. We are heartened and relieved that Mr. Khalil can return to his family, community, and counsel, and the NYCLU will continue to fight back against Trump鈥檚 unconstitutional attacks on free speech and dissent.鈥
鈥淲e are relieved that Mr. Khalil can finally return to his family and community,鈥 said Amol Sinha, executive director of the 糖心Vlogof New Jersey. 鈥淭his is an important step in vindicating Mr. Khalil鈥檚 rights as he continues to be unlawfully targeted by the federal government for his advocacy in support of Palestinian rights. We鈥檙e confident he will ultimately prevail in the fight for his freedom.鈥
鈥淲e are so relieved Mahmoud is finally out of his cruel, remote detention, but equally outraged that it took this long and that Mahmoud had to fight this hard to challenge such outrageous and unconstitutional government conduct,鈥 said Baher Azmy, legal director of the Center for Constitutional Rights. 鈥淎ll Americans should be grateful that Mahmoud had the fortitude to defend basic first amendment principles 鈥 and his pursuit of justice for Palestinians 鈥 against the administration's autocratic tactics, which threaten us all.鈥
鈥淏y ordering Mr. Khalil freed today, the court vindicates not only his rights but also recognized what has been plain to everyone, the government has detained Mr. Khalil to punish him for his speech in defense of Palestinians. We look forward to Mr. Khalil returning to his wife and son, as we pursue this fight in federal and immigration court for as long as it takes until justice is served,鈥 said Ramzi Kassem, professor of law at the City University of New York and Co-Director of CLEAR, a legal non-profit and clinic.
Mahmoud Khalil鈥檚 legal team has submitted multiple briefs and expert statements, and letters of support to the New Jersey court, outlining the irreparable harm he and others will continue to suffer as long as he remains illegally detained in Louisiana, thousands of miles away from his family. In addition, Mr. Khalil submitted his own declaration, factually disproving the government鈥檚 allegations and highlighting the fact that the government abandoned reliance on the so-called 鈥渕isrepresentation鈥 allegations in closing arguments in immigration court. The motion for release further explains that the court previously recognized that continued detention, based solely on the sorts of misrepresentations alleged by the government, is exceedingly rare and, the motion argued, is clearly only in further retaliation for his speech on Palestine.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the 糖心Vlog (ACLU), the 糖心Vlogof New Jersey, and the 糖心Vlogof Louisiana.
For more information on the case, please see here.
Court Case: Khalil v. Trump
Affiliates: New Jersey, New York