New York – A federal judge has ruled that the lawsuit challenging the detention of Mahmoud Khalil, a Palestinian graduate student and lawful U.S. permanent resident, will move forward in New Jersey—rejecting the Trump administration’s attempt to shift the case to Louisiana.
The Southern District of New York’s decision also reaffirmed that Khalil cannot be deported without a court order.
Khalil, a recent Columbia University graduate and outspoken advocate for Palestinian rights, was arrested by Immigration and Customs Enforcement (ICE) agents in February.
Shortly after his arrest, ICE transferred him 1,400 miles away from his home and pregnant wife in New York to a detention center in Louisiana—an action his attorneys argued was designed to obstruct legal review of his case.
In the lawsuit, Khalil’s legal team accuses ICE of detaining him in retaliation for his political activism and speech supporting Palestinian rights.
They argue that his arrest violates the First Amendment and the Due Process Clause of the U.S. Constitution.
ICE has claimed authority under a little-used 1952 immigration law provision, known as the “foreign policy bar,” allowing the government to target noncitizens it labels as foreign policy concerns.
The court’s ruling allows the case to move forward in New Jersey, where Khalil was briefly held before his transfer to Louisiana. The decision ensures the case will be heard close to Khalil’s home and family, not in a remote jurisdiction where ICE sought to move it.
“This is a first step, but we need to continue to demand justice for Mahmoud,” said Khalil’s wife, Dr. Noor Abdalla. “His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me.”
Khalil remains in ICE custody as his legal team pushes two motions: one seeking his immediate release on bail, and another requesting a preliminary injunction to block the Trump administration’s use of the foreign policy bar against him. The court will hear those motions on an expedited schedule.
In a letter from detention, Khalil wrote: “In the weeks ahead, students, advocates, and elected officials must unite to defend the right to protest for Palestine. At stake are not just our voices, but the fundamental civil liberties of all. Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child.”
The lawsuit is being led by a team of prominent civil rights organizations, including the Center for Constitutional Rights, the ACLU, the New York Civil Liberties Union (NYCLU), NYU’s Immigrant Rights Clinic, CLEAR, and the law firm Dratel & Lewis.
Samah Sisay of the Center for Constitutional Rights said the administration’s effort to transfer Khalil was “an intentional and retaliatory attempt to silence his speech” and vowed to continue fighting for his release.
Brett Max Kaufman of the ACLU called the decision “a moment to celebrate,” adding that it serves as a warning to other courts that the judiciary must act as a check on executive overreach: “After this first step, we will eagerly and aggressively seek to get Mahmoud out, bring him home, and then defend his and others’ right to speak freely about Palestine or any other issue without fear of detention and deportation.”
Ramzi Kassem, Co-Director of CLEAR, underscored that the ruling prevents ICE from manipulating the legal process: “The judge rightly rejected that approach and transferred the case to a court close to Mahmoud’s home, where the case—and Mahmoud himself—belong.”
NYCLU Executive Director Donna Lieberman praised the decision as a crucial pushback against political manipulation of the judiciary: “This ruling sends a message loud and clear that Trump and his MAGA cronies cannot just manipulate and abuse the judiciary to suppress the speech of activists for Palestinian rights.”
Amy Greer of Dratel & Lewis added: “We are ready to fight just as hard for Mr. Khalil in New Jersey. He has been detained for over a week now, all because of his advocacy for Palestinian freedom. We will not stop working until Mr. Khalil is home with his wife.”
Khalil’s case comes amid a wider crackdown on pro-Palestinian activism across the country, with federal investigations targeting universities and protesters. Advocates warn that the administration’s use of immigration law to punish dissent sets a dangerous precedent.
The case now moves to the U.S. District Court for New Jersey, where Khalil’s lawyers will continue fighting for his immediate release as he awaits the birth of his child.
