### Federal Judge Rules Deportation of Pro-Palestinian Activist Likely Unconstitutional

In a significant legal development, U.S. District Judge Michael Farbiarz has issued a tentative ruling finding the Trump administration's attempt to deport pro-Palestinian activist Mahmoud Khalil likely unconstitutional. Despite this ruling, Khalil remains detained and must present additional legal arguments for his release, as detailed in Farbiarz's comprehensive 106-page decision.

Mahmoud Khalil, a legal U.S. resident and recent Columbia University graduate student, has been held in a Louisiana detention facility since March. He was initially detained after being arrested in the lobby of his university residence and has since faced deportation proceedings. Khalil has not been charged with any crime but remains in custody, unlike several other pro-Palestinian academics who were detained under similar circumstances but have since been released.

The Trump administration cited a rarely used federal law allowing the deportation of noncitizens whose presence or activities could cause significant adverse foreign policy consequences. Khalil’s deportation is being contested in both Farbiarz’s New Jersey courtroom and a separate immigration court in Louisiana. During his detention, his wife gave birth to their first child.

Farbiarz, a Biden appointee, found that Secretary of State Marco Rubio likely overstepped constitutional bounds by invoking the provision against Khalil. The judge observed that Rubio did not adequately explain how Khalil's activities adversely impacted U.S. foreign relations, making the application of this law “unconstitutionally vague.” Farbiarz stated that an ordinary person would not expect the law to be applied in this manner.

While Farbiarz's ruling casts doubt on the constitutional validity of the deportation effort, it does not automatically entitle Khalil to release. Judge Farbiarz requested further briefings on additional issues, particularly the government's allegation that Khalil omitted relevant information regarding his membership in several organizations when applying for his green card.

Khalil and his legal team argue that the administration is retaliating against him for organizing protests against the Israel-Hamas conflict on campus. They view the district court's ruling as confirmation of their stance that Rubio’s use of immigration law is a form of unconstitutional punishment.

In parallel proceedings, an immigration judge in Louisiana has ruled that Khalil can be deported as a national security risk. Unlike district judges, immigration judges, who are part of the Justice Department, typically do not address constitutional questions in depth. Khalil is expected to appeal this ruling, and cannot be deported immediately due to Farbiarz's prior order preventing his removal while legal challenges are ongoing.