The U.S. District Court for the District of New Jersey has allowed Mahmoud Khalil, a lawful permanent resident and recent graduate of Columbia University, to continue with his lawsuit alleging unlawful detention due to his political views. This development comes after the government's failure to dismiss Khalil's case before it was heard.
Dr. Noor Abdalla, Khalil's wife, expressed relief at the court's decision: “I am relieved at the court’s finding that my husband can move forward with his case in federal court. This is an important step towards securing Mahmoud’s freedom." She emphasized the urgency of his release, especially after the birth of their son.
Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project, noted the significance of the ruling: “This is a huge step forward for Mahmoud and for the other students and scholars that the Trump administration has unlawfully detained in retaliation for their political speech."
The Trump administration's argument, citing the Immigration and Nationality Act as a barrier to reviewing Khalil's First Amendment claims, was rejected by the court. It concluded that "jurisdiction is not stripped over the Petitioner’s claims that the Secretary of State’s determination and the alleged policy are unconstitutional."
Amy Greer, associate attorney at Dratel + Lewis, stated, “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."
Amol Sinha, executive director of the ACLU-NJ, highlighted Mr. Khalil's continued detention as a retaliatory act for his advocacy of Palestinian rights, emphasizing the indefensibility of targeting protected speech legally.
The legal team for Khalil is pressing for his return from Louisiana, his release on bail, and a preliminary injunction against President Trump's policy affecting noncitizens engaging in protected speech.
Baher Azmy, legal director of the Center for Constitutional Rights, stated, “We are grateful the court wisely understood that this is no ordinary immigration case that might be subject to congressional limitations on federal court review."
Donna Lieberman, executive director of the NYCLU, remarked, "With this ruling, the Court has made clear that the Trump administration cannot do an end run around the judiciary in its attempt to silence Mahmoud Khalil and suppress speech supporting Palestinian rights."
Khalil’s arrest by the Department of Homeland Security on March 8, linked to his advocacy at Columbia University, led to his transfer to a Louisiana detention facility. Khalil contends this action violates his constitutional rights.
Ramzi Kassem, co-director of CLEAR, pointed out the broader implications of the court's decision, emphasizing the ongoing legal battle to secure Khalil's return home.
Khalil is legally supported by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the NYCLU, ACLU-NJ, and ACLU.
The court's decision and related case materials are publicly accessible.
