A federal judge on Wednesday granted a preliminary injunction in favor of Mahmoud Khalil, blocking the government from continuing his detention and potential deportation based on a controversial provision of the Immigration and Nationality Act (INA). The court found that Khalil, a Palestinian rights advocate, would face ongoing irreparable harm if he remained in custody.
The ruling follows last week’s finding that Khalil is likely to succeed in his constitutional challenge to the government’s actions, which were rooted in a foreign policy provision of the INA. The judge determined that detaining and attempting to deport someone solely for their political speech—specifically, Khalil’s advocacy for Palestinian human right violates the Constitution.
Unless the federal government appeals the decision by 9:30 a.m. Friday, Khalil must be released from ICE detention, where he has been held for over three months. The case marks the first time a federal court has ruled that the INA’s foreign policy ground cannot be used to target noncitizens for their speech.
Dr. Noor Abdalla, Khalil’s wife, welcomed the decision in a statement released by the Center for Constitutional Rights (CCR). “This is the news we’ve been waiting over three months for,” she said. “Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen.”
Abdalla called the ruling a step toward justice but said the pain of Khalil’s detention, particularly during the birth of their child, cannot be undone. “No Palestinian father, from New York to Gaza, should endure this kind of separation,” she added, expressing hope that Khalil will be home to celebrate his first Father’s Day.
The court’s injunction prevents the Trump administration from relying on a section of the INA invoked by Secretary of State Marco Rubio to detain and deport Khalil and other scholars based on their political views. The judge found that Khalil’s detention was likely driven not by immigration technicalities, but by the Secretary of State’s political determination—a conclusion that significantly weakens the government’s case.
CCR Legal Director Baher Azmy said the ruling affirms that Khalil’s detention was a punitive response to his activism. “We are relieved the court recognized what was clear to many: Mahmoud was being unconstitutionally targeted for his political beliefs,” Azmy said. “We look forward to seeing him reunited with his family and rebuilding his life.”
Khalil, a Columbia University scholar, was arrested by DHS on March 8 in what his legal team described as retaliation for his outspoken support for Palestinian rights. He was then transferred to a detention center in Louisiana, over 1,300 miles from his home and legal counsel, forcing him to miss the birth of his first child and causing significant emotional and professional harm.
The judge’s decision came after the court reviewed additional evidence detailing the toll Khalil’s detention has taken on his health, family, and livelihood, ultimately concluding that his continued detention was unconstitutional.
