US District Judge Michael Farbiarz claimed that it was “highly, highly unusual” for the Trump administration to detain Khalil.
On Friday, a federal judge ordered the release of Mahmoud Khalil, the foreign national who led the pro-Palestinian protest at Columbia University. He has been detained for three months after he was arrested at his Columbia student housing. He finished his graduate degree in December.
According to The Hill, US District Judge Michael Farbiarz wrote in a decision that Khalil is not a flight risk or poses danger to those around him "full stop," and claimed that it was “highly, highly unusual" for the Trump administration to detain him, and said that Khalil can be released on bail.
“Together, they suggest that there is at least something to the underlying claim that there is an effort to use the immigration charge here to punish the petitioner — and, of course, that would be unconstitutional," wrote the judge, who was appointed by former President Joe Biden.
The arrest of Khalil was connected to Secretary of State Marco Rubio's actions to revoke student visas for those in the United States if they are found to be a threat to foreign policy. The Trump administration also pointed out that Khalil had not disclosed that he had worked for the UN Relief and Works Agency for Palestine Refugees (UNRWA). Employees of the UNRWA participated in the October 7 terror attacks on Israel.
The Justice Department has argued that Khalil should be detained for his case to be decided by an immigration judge when other federal judges have weighed the matter. Farbiarz disagreed, and said that he did not "think any of that is right," and argued an immigration judge would decide the case the same as he did.
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