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US Judge Orders Mahmoud Khalil Released from ICE Detention: A Landmark Case for Free Speech

US District Judge Michael Farbiarz has graduated by Palestinian workers and Columbia University, Mahmoud Khalil, after more than 100 days in the Louisiana custody center, US Immigration and Customs ordered immediately released by the custody of the Infoard. This decision, which has criticized a "legally unfounded" custody of the Homeland Security Department (DHS), has started a wide debate on targeting free speech, immigration enforcement and Palestinian pro workers.. This article provides a comprehensive overview of the case, 

Background: Mahmoud Khalil’s Arrest and Detention

Mahmood Khalil was arrested by the Ice Agents on March 8, 2025, the legal permanent resident of the 30-year-old Syrian origin was arrested by his New York apartment. This arrest came after his main role in Palestinian supporters protests at Columbia University, where he worked as a negotiator and spokesman for Gaza Solidarity Encampment in 2024. According to the Guardian, Khalil was detained under the provision of a rare form used in Imaging and Nationality Act (INA), Section 237 (A) (4) (c) (i), which is the presence of a person "Unlike the interests of American foreign policy, allows exile on considerable".

Palestinian activist freed from ICE detention after court ruling.

The government initially described the activity of Khalil, a threat to the US foreign policy, especially alleged that their protest demonstrations promoted the anti-Jewish spirit - a claim whose Khalil and their legal team strongly denied. Later Ice added the charge of immigration fraud, in which Khalil did not give details about his work history and affiliation in his green card application. These include their participation with their internship and Columbia University Apartheid Divest (Cuad) with the United Nations Relief and Work Agency (Unrwa).

Khalil was transferred to Louisiana's Jenna in the Indra Improve Center, which is more than 1,300 miles from his family, where he was placed separated for several weeks. His wife, Dr. Noor Abdullah, who is an American citizen, gave birth to his son Din in April 2025, while Khalil was in custody, and missed this milestone.

Judge Farbiarz’s Ruling: A Rebuke of DHS Tactics

In the 48-page decision issued on June 20, 2025, Judge Farbiarz decided that Khalil's custody was "not authorized by any law" and it lacked the legal basis. According to the Associated Press report, the judge called the "very unusual" and warned that it can be used to suppress constitutionally protected speech.

Farbiarz emphasized that Khalil did not create a risk or danger for the community, he said, keeping in mind his clean criminal record, a US citizen and in mind. According to the AP, he wrote, "The executive can not stop anyone in jail by considering political speech for foreign policy." The Judge rejected the allegations of DHS's immigration fraud, as inadequate as insufficient, explaining that such allegations are rarely detained in legal permanent residents.

In this order Khalil was ordered to release immediate with certain conditions, in which its Algerian passport involves depositing and restricting the travel of New York, New Jersey, Michigan, Washington, DC and Louisiana for legal proceedings. Khalil got again from his family in New Jersey in the evening of June 20, 2025.

Expert Opinion: A Victory for First Amendment Rights

Bidders of legal scholars and civil freedom have described this decision to have an important victory for the freedom of expression. The American Civil Liberties Union (ACLU) lawyer Noor Zafar told the AP, "It has become clear from the decision that disagreement is not a disobeyable crime. DHS's action reflects unprecedented effort to quiet valid opposition."

In the Foundation for Individual Rights and Expression (Fire), Aaron Ter in a statement given to the executive, "Khalil was not targeted for his thoughts, but for his thoughts. The idea that Palestinian supporters can compromise the peaceful partnership of a college student in the protesters, had always been far away."

However, this decision was not untouched by disputes. Tricia McLoghlin, a subsidiary Secretary of DH, said FREBIARZ "and argued that this decision undermines national security. According to the Washington Post report, he said, "The Trump Administration worked well within his legal rights to detain Khalil."

DHS Appeals: What’s Next for Khalil

Regardless of the release of Khalil, the legal battle continues. According to the NBC News report, DHS filed the information of the appeal within a few minutes of the decision, in which the Argument was not given the jurisdiction and the former exile order of an immigration judge is valid. The hearing of the appeal will be done by the American Appeal Court for the third circuit.

Along with this, the legal team of Khalil is challenging the exile order in the immigration court. On April 11, 2025, Louisiana's immigration judge Jamie Commoner decided to exiled Khalil on the basis of claims of "adverse results of foreign policy" of Foreign Minister Marco Rubio. However, the federal decision of Farbiarz’s, at least temporarily canceled this decision.

Khalil's lawyer, Rights said to The Guardian, "Mahmood should never be in jail. We are preparing to fight exile order and are ensuring that he can live with his family.."

Broader Context: Targeting of Pro-Palestinian Activists

Khalil's case is part of the widespread wave of ICE's action against international students involved in Palestinian pro demonstrations. According to the Guardian, other students, including Mohsen Mahdawi (Columbia), Badar Khan Suri (Georgetown) and Rümeysa Öztürk (Tufts) had to face similar custody at the beginning of 2025. Most of them have been released, but Khalil's high-profile case has attracted international attention.

Legal scholars quoted by the New York post assured that since the Cold War, the "foreign policy threat" section of Ina has not been used so widely. Critics argue that this is the risk of enabling politically select enforcement. In a statement given to CNN, Immigration Attorney Mark Van der Hout said, "This section is a remnant of a past era, which can be misused."

Statistics: Immigration Detention in 2025

According to Transactional Records Access Clearinghouse (TRAC) at Syracuse University, Ice detained about 510,000 persons in the financial year 2024, which average daily population was 38,000. While the data of 2025 is incomplete, Trac has reported an increase of 15% in the custody of legal permanent residents compared to 2024, which produces concerns about strict enforcement against non-criminals. Khalil's case is an example of this trend, because he was taken into custody of any criminal charge.

Public Reaction and Social Media Sentiment

Khalil's release has given birth to polarized reactions. On X, supporters celebrated this decision, with such posts, "Mahmood Khalil is free! A big win for free speech and justice! " (@prem_thakker). On the contrary, critics, including @dc_draino condemned the activism of Khalil, making it a false claiming that he supports terrorist groups.

Amnesty International USA described this decision "overdue" and urged the DHS to follow it completely, as the The Guardian said. Meanwhile, the White House accused the "fraud and mischief" on Khalil through the spokesman Abigail Jackson and vowed to try his exile.

Khalil’s Perspective: A Fight for Justice

In a special interview with the Guardian, Khalil expressed relief from meeting his family, but he swore to continue his advocacy. "It's not just about me," he said. "It is about a government who is trying to quiet the youth who raised voice for justice - and we will not go back."

Khalil also criticized the conditions of the Center Center and told them inhuman. He said to the Reuters, "I saw a different truth about this country, who allegedly supports human rights."

Conclusion: A Case with Far-Reaching Implications

Release of Mahmud Khalil is an important moment in the debate on freedom of immigration enforcement and expression. Judge Farbiarz’s decides the role of the judiciary in preventing the encroachment of the executive, especially in political accused cases. However, due to lacking the appeal of DHS and not to solve the exile case of Khalil, the result is uncertain.

As the third circuit appeal is being prepared for the hearing, the case of Khalil will possibly shape the balance between the future interpretations of INA and national security and civil freedom. At the moment, Khalil is focusing on making his life again with his wife and son, while the advocate continues to rally against them as a symbol of resistance against targeted custody.


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