Mahmoud Khalil to Be Freed From Detention, Reunite With Wife and Son as Case Proceeds
NEWARK, N.J. – 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.
“After 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,” said Dr. Noor Abdalla, Mahmoud Khalil’s wife. “We 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’s 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.”
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’s new reliance on the “misrepresentation” 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’s first Mother’s Day and Father’s Day, and his graduation from Columbia.
“No one should fear being jailed for speaking out in this country,” said Alina Das, co-director of the Immigrant Rights Clinic at New York University School of Law, who argued before the court today. “We are overjoyed that Mr. Khalil will finally be reunited with his family while we continue to fight his case in court.”
“This is a joyous day for Mahmoud, for his family, and for everyone’s First Amendment rights,” said Noor Zafar, senior staff attorney with ACLU. “Since 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’s ruling underscores a vital First Amendment principle: The government cannot abuse immigration law to punish speech it disfavors.”
“It 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 — a bond that never should have been broken in the first place,” said Donna Lieberman, executive director at the NYCLU. “Ideas 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’s unconstitutional attacks on free speech and dissent.”
“We are relieved that Mr. Khalil can finally return to his family and community,” said Amol Sinha, executive director of the Vlogof New Jersey. “This is an important step in vindicating Mr. Khalil’s rights as he continues to be unlawfully targeted by the federal government for his advocacy in support of Palestinian rights. We’re confident he will ultimately prevail in the fight for his freedom.”
“We 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,” said Baher Azmy, legal director of the Center for Constitutional Rights. “All Americans should be grateful that Mahmoud had the fortitude to defend basic first amendment principles – and his pursuit of justice for Palestinians – against the administration's autocratic tactics, which threaten us all.”
“By 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,” 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’s 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’s allegations and highlighting the fact that the government abandoned reliance on the so-called “misrepresentation” 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 Vlog (ACLU), the Vlogof New Jersey, and the Vlogof Louisiana.
For more information on the case, please see here.
Court Case: Khalil v. Trump
Affiliates: New Jersey, New York