The U.S. District Court for the District of New Jersey has decided that the lawsuit regarding the detention of Mahmoud Khalil, a Columbia graduate and lawful permanent resident, will proceed in New Jersey. This decision marks the second unsuccessful attempt by the Trump administration to move the case to Louisiana. Previously, Judge Furman in the Southern District of New York ruled that the case should remain in New Jersey.
Khalil's legal team argued against the transfer to Louisiana, stating it would validate the Trump administration's alleged misuse of federal jurisdiction by moving Khalil between states without justification. This action was criticized as an attempt to suppress dissent.
Dr. Noor Abdalla, Khalil's wife, expressed her relief at the court's decision. "I am relieved at the court’s decision today to keep my husband’s ongoing case in New Jersey. This is an important step towards securing Mahmoud’s freedom, but there is still a lot more to be done. As the countdown to our son's birth begins and I inch closer and closer to my due date, I will continue to strongly advocate for Mahmoud’s freedom and for his safe return home so he can be by my side to welcome our first child.”
Khalil's attorneys are seeking his return from Louisiana and bail, and a preliminary injunction (PI) for his immediate release. If successful, the PI would prevent enforcement of a policy they claim targets noncitizens engaged in First Amendment activities. This policy reportedly uses an obscure 1952 Immigration Act provision for retaliation against protected speech.
Legal representatives for Khalil include Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, New York University Immigrants’ Rights Clinic, New York Civil Liberties Union, ACLU of New Jersey, and the American Civil Liberties Union.
Amol Sinha, ACLU-NJ executive director, stated: “Mr. Khalil has been unlawfully detained in direct retaliation of his advocacy in support of Palestinian rights. The federal government continues to prolong proceedings despite knowing that targeting a lawful permanent resident over protected speech is indefensible in a court of law. We’re grateful the court has ordered the case to continue in the District of New Jersey, so Mr. Khalil is one step closer to returning to his family.”
Baher Azmy, legal director at the Center for Constitutional Rights, commented: “We are grateful the court wisely understood that the government cannot try to manipulate the jurisdiction of the United States courts in a transparent attempt to shield their unconstitutional – and frankly chilling – behavior. We look forward to the next phase of this case, which is to get Mahmoud out of detention and into the arms of his family, and then to prove the Trump administration’s attempted deportation of Mahmoud and others is nothing but unconstitutional retaliation for protected speech.”
Amy Greer from Dratel & Lewis said, “Today we moved one step closer to vindicating Mr. Khalil’s rights by challenging his unlawful detention and the administration’s unconstitutional and retaliatory actions against him.”
NYCLU's executive director, Donna Lieberman, remarked: “With this ruling, the Court has rightfully reaffirmed that Mahmoud Khalil’s case belongs in New Jersey — significantly closer to his wife, community, and legal counsel. The Trump administration has attempted to manipulate the judiciary to suppress speech that supports Palestinian rights. While the trauma ICE has inflicted on Mr. Khalil and his nine-months pregnant wife, Dr. Noor Abdalla, is irreparable, this is a step towards bringing him home.”
Ramzi Kassem from CLEAR noted: “The court's decision today clears the way for what really matters: continuing the legal fight to bring Mahmoud home so he can reunite with Noor and resume his defense of Palestinian rights.”
ACLU senior staff attorney Brett Max Kaufman concluded: “It is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court’s definitive ruling sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release.”
While the decision is available for review, Khalil's legal team continues to advocate for his release and return to his family.
