US judge denies Mahmoud Khalil's release

A federal judge has denied Mahmoud Khalil's request to be released from detention, ruling on Friday that the US government is not violating his previous court order by holding him.

On Wednesday, Judge Michael Farbiarz decided Mr Khalil could not be deported or detained based on Secretary of State Marco Rubio's determination that his presence "would compromise a compelling US foreign policy interest."

But the US government told the court that Mr Khalil is being detained for a different reason - that he was "an alien inissible at the time of entry or ission".

Acknowledging that argument, Judge Farbiarz said Mr Khalil, a lawful permanent resident, would have to remain in detention.

In a letter to the court on Friday, the justice department said Judge Farbiarz had "expressly noted" that his order would "have no impact on efforts to remove [Mr Khalil] for reasons other than the Secretary of State's determination".

Along with holding Mr Khalil because he had been deemed a threat to US foreign policy, the government detained him because of alleged inaccuracies on his application to become a permanent resident.

In his response to the government's letter on Friday, Judge Fabiarz agreed and said Mr Khalil had not provided any "factual evidence" or any "meaningful legal arguments" as to why he may not be detained on the immigration charges.

Judge Fabiarz had addressed those charges in his Wednesday decision, saying that it was unlikely the government would hold anyone solely for alleged inaccuracies on an application and the primary reason behind Mr Khalil's detention was Secretary Rubio's determination.

But he did not say it was illegal to hold someone only on those charges.

Mr Khalil's arrest in March was the highest-profile in President Donald Trump's crackdown on international student protesters, as video of his arrest whipped around social media and the birth of his first child in April, while he was still detained, made global headlines.

Born in Syria to Palestinian refugees, Mr Khalil moved to the US in 2022, where he earned a master's degree at Columbia University and married an American citizen, Noor Abdalla,

In response to the judge's decision on Friday, Mr Khalil's lawyer Amy Greer said the government "is now using cruel, transparent delay tactics to keep him away from his wife and newborn son ahead of their first Father's Day as a family".

"Instead of celebrating together, he is languishing in ICE detention as punishment for his advocacy on behalf of his fellow Palestinians. It is unjust, it is shocking, and it is disgraceful," she said.

ICE stands for Immigration and Customs Enforcement.

Trump has repeatedly alleged that pro-Palestinian activists, including Mr Khalil, Hamas, a group designated a terrorist organisation by the US, and pledged to deport them.

Mr Khalil has contended he was exercising his right to free speech while demonstrating in of Palestinians in Gaza.

In his Wednesday decision, Judge Fabriarz had written that Mr Khalil's "career and reputation are being damaged and his speech is being chilled --- and this adds up to irreparable harm".

He had also written that he expected Mr Khalil to win his case in court.