Mahmoud Khalil’s legal team has filed a preliminary injunction in federal court to challenge the government’s recent efforts to detain and deport him based on a new immigration charge. The motion claims that this second charge, related to alleged misrepresentations on Khalil’s green card application, was issued in retaliation for his earlier legal actions and violates his constitutional rights under the First and Fifth Amendments.
The filing comes after a series of developments in June. A federal court previously found that the original “foreign policy ground” charges against Khalil were likely unconstitutional and blocked his detention on those grounds. Following this, the government introduced the new post-facto charge just one week after Khalil filed his habeas petition. Judge Michael E. Farbiarz subsequently ordered Khalil’s release, noting that such detentions are rare and stating that Khalil did not pose any danger or threat to public safety. The government is appealing both rulings and is seeking to pause the release order while the case is reviewed by an appellate court.
The court has not yet ruled on whether to block the second misrepresentation charge, which is now under consideration following the latest motion from Khalil’s legal team.
Khalil was detained during the Trump administration due to his speech supporting Palestinian rights and spent over three months in a remote Louisiana facility, separated from his family and legal counsel by more than 1,400 miles. Initially, all allegations rested on a foreign policy determination by Secretary of State Marco Rubio—a basis now blocked by federal court order.
Amy Belsher, Director of Immigrants’ Rights Litigation at the NYCLU, said: “The Trump administration’s baseless, after-the-fact charges against Mahmoud Khalil are nothing more than further retaliation for his outspoken advocacy for Palestinian human rights. These flimsy accusations only reveal the targeted nature of his arrest and the ongoing attempts to silence and remove him. It’s past time the government gave up its unlawful attacks on Mahmoud and his family.”
Liza Weisberg, ACLU-NJ Senior Staff Attorney, commented: “The government has gone to extraordinary and outrageous lengths in its attempt to silence Mahmoud Khalil, including leveling unsubstantiated and retaliatory charges against him. We will continue to defend Mr. Khalil’s freedom as he is targeted for his advocacy in support of Palestinian rights, and we are confident he will ultimately prevail."
Brian Hauss, senior staff attorney with the ACLU's Speech, Privacy & Technology Project added: "The government is using these trumped up charges to continue punishing Mahmoud Khalil for his political beliefs. This is textbook retaliation. The First Amendment squarely prohibits the government from abusing its powers to suppress dissent."
Khalil is represented by Dratel & Lewis; Center for Constitutional Rights; CLEAR; Van Der Hout LLP; Washington Square Legal Services; New York Civil Liberties Union (NYCLU); ACLU of New Jersey; ACLU of Louisiana; and American Civil Liberties Union (ACLU).
