A US judge rejected the Trump administration’s efforts to shift the legal case of detained pro-Palestinian activist Mahmoud Khalil to a conservative jurisdiction, instead moving it to New Jersey.
Mahmoud Khalil, a Columbia University graduate student and leading figure in protests against Israel’s war in Gaza, was arrested earlier this month and taken to Louisiana, where the administration sought to have his case heard.
However, Judge Jesse Furman on Wednesday, ruled that the case should remain in the greater New York City area, where Khalil had initially filed his legal challenge.
“The government first moved Mahmoud to Louisiana, then it tried to move his federal case there, too, hoping for better odds in court,” said Ramzi Kassem, a law professor at the City University of New York and co-director of the CLEAR legal group representing Khalil.
“The judge rightly rejected that approach and transferred the case to a court in the greater New York City area, close to Mahmoud’s home, where the case and, most importantly, Mahmoud himself, belong. We intend to bring him home next.”
Khalil’s detention has sparked outrage among free speech advocates, including some conservatives, who argue that his arrest sets a dangerous precedent.
The US government has not accused him of breaking any laws but is attempting to revoke his permanent residency under rarely used powers to deport non-citizens accused of undermining US foreign policy.
Judge Furman ruled that he lacked jurisdiction because Khalil’s legal challenge had been filed while he was in New Jersey, not New York. However, he signalled serious concerns over the case, writing that it warranted “careful judicial review.”
“Such judicial review is especially critical when, as here, there are colourable claims that the Executive Branch has violated the law or exercised its otherwise lawful authority in an arbitrary and discriminatory manner,” Furman stated.
The decision marks a setback for the Trump administration’s deportation efforts, keeping Khalil’s case within a legal district that may be less inclined to support the government’s stance.
Advocates say they are hopeful the ruling will help pave the way for his release.
