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A federal judge on Friday ordered anti-Israel activist Mahmoud Khalil to be released on bail while his immigration and civil suits proceeded through court.
Biden’s appointee Judge Michael Fabiartz rated Halil’s detention was “very rare” during a hearing in New Jersey, not a flight risk or danger to the community.
Halil’s lawyers wrote in a letter to the court that his imprisonment at the Immigration Detention Center in Jena, Louisiana, was a “very rare” decision on the part of the government and amounted to unconstitutional retaliation.
Halil, a legal permanent resident, was arrested outside his Columbia University apartment in March and soon filed a habeas-protection lawsuit challenging his detention. He asked the court to be released to bail or to immigration facilities in New Jersey.
DOJ is attempting to detain anti-Israel activist Halil in Louisiana immigration prison
Columbia University student Mahmoud Khalil will discuss with the press during a media briefing hosted by pro-Palestinian protesters who established a new camp at Columbia University’s Morningside Heights campus on Friday night in New York City, USA on June 1, 2024.
The immigration judge found Khalil to be removable based on Secretary of State Marco Rubio’s memo, saying Khalil’s activities on campus are at odds with the interests of US foreign policy.
Rubio cited an ambiguous provision of the Immigration and Nationality Act to justify his findings, and Falbiers later forbidden the secretary from using the decision.
However, the Department of Homeland Security (DHS) later added a second reason to detain Halil and deport him. DHS is said to have omitted important information from the green card application about the group he belongs to, including the apartheid sale at Columbia University.
The Halil incident has become a lightning bolt for anti-Israeli protesters and immigration rights defenders. They argued that the Trump administration was opposed to the Israeli government and was retaliating against him for chilling the free speech of those opposing Israeli attacks in the Gaza Strip and the conflict with Iran. The government retorted that Halil violated immigration laws by allegedly signaling support for terrorist groups through his activities.
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A Department of Justice (DOJ) lawyer has insisted the judge that the federal court does not have the authority to release Halil from detention as a second claim regarding his green card documents is pending before an immigration judge.
“Halil is currently in custody as he is accused of being removable for fraudulently or intentionally misrepresenting material facts relating to adjustments to his status application,” the lawyer wrote in court documents this week.
This is a broken story. Please check for updates.
Kirill Clark of Fox News contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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