Trump bid to deport Columbia activist Khalil likely unconstitutional, judge says

People hold signs as they attend a protest in support of Columbia University student activist Mahmoud Khalil while a hearing takes place outside the court in Newark, New Jersey on March 28, 2025. (AFP)

• Lawsuit says attempted deportation violates Khalil's right to freedom of speech under US Constitution’s First Amendment
• Khalil, a Columbia University student, was arrested on March 8 over his participation in pro-Palestinian protests

NEW YORK: A US judge said on Wednesday the Trump administration’s bid to deport Columbia University student and pro-Palestinian activist Mahmoud Khalil is likely unconstitutional.
US District Judge Michael Farbiarz in Newark, New Jersey said he will issue a further order with next steps later on Wednesday. Khalil is currently in immigration detention in Louisiana.
Khalil was arrested on March 8 after the State Department revoked his green card under a little-used provision of US immigration law granting the US secretary of state the power to seek the deportation of any non-citizen whose presence in the country is deemed adverse to US foreign policy interests.
Khalil and his supporters say his arrest and attempted deportation are violations of his right to freedom of speech under the US Constitution’s First Amendment.
Farbiarz wrote that he would not rule for now on whether Khalil’s First Amendment rights were violated. But he said Khalil was likely to succeed in his argument that the legal provision invoked by the Trump administration is so vague as to be unconstitutional.
The judge wrote that it was unlikely that an “ordinary person” would know that the law “could be used against him based on his speech inside the United States, however odious it might allegedly have been.”
Lawyers for Khalil and spokespeople for the White House, the State Department and the Department of Homeland Security did not immediately respond to requests for comment.
Khalil was the first known foreign student to be arrested as part of President Donald Trump’s bid to deport foreign students who took part in pro-Palestinian protests that swept US college campuses after Hamas’ October 7, 2023, attack on Israel and Israel’s subsequent military assault.
Civil rights groups argue that Trump’s administration unlawfully detained the 30-year-old public policy student in retaliation for his criticism of Israel’s military campaign in Gaza.
The Hamas attack killed 1,195 people, according to Israeli tallies, and Israel’s military campaign has killed more than 54,000 Palestinians, according to the Gaza health ministry.
Khalil, a Palestinian who was born and raised in a refugee camp in Syria, entered the US on a student visa in 2022 and became a lawful permanent resident last year through his wife Noor Abdalla, an American citizen.
Federal judges in recent weeks have ordered another Palestinian Columbia student, Mohsen Mahdawi, and a Turkish student at Tufts University in Massachusetts, Rumeysa Ozturk, to be released from immigration detention while they challenge the government’s efforts to deport them.