A federal judge in New Jersey has temporarily blocked the Trump administration’s effort to deport Mahmoud Khalil, a legal permanent resident and Columbia University graduate, ruling that the statute used likely violates the First Amendment. U.S. District Judge Michael Farbiarz found the foreign policy-based deportation authority, invoked under Secretary of State Marco Rubio, constitutionally questionable. Khalil was ordered released on a $1 bond, though the order was stayed until Friday to allow for appeal.
Khalil has been detained in Louisiana since March without criminal charges. The government cited a technical omission on his green card application as an alternate basis for removal, but the judge dismissed this as insufficient. The court also cited the personal impact of Khalil’s detention, including his absence during the birth of his child, and warned of the broader chilling effect on protected speech.
This ruling reflects increased judicial scrutiny of executive authority in immigration enforcement, particularly where national security powers intersect with constitutional rights. The judge noted the statute’s vague language could lead to misuse against individuals engaged in lawful dissent or criticism of U.S. foreign policy.
While the ruling blocks Khalil’s removal under this specific provision, it does not prevent the government from pursuing deportation on other legal grounds. The administration may appeal the decision, and broader policy implications remain under review.
