Columbia University student Mahmoud Khalil talks to the press during the press briefing organized by Pro-Palestinian protesters who set up a new encampment at Columbia University's Morningside Heights campus on Friday evening, in New York City, United States on June 01, 2024. (Getty Images)
After Khalil's arrest, an immigration judge found he was removable based on a memo from Secretary of State Marco Rubio that said Khalil's activism on campus was at odds with U.S. foreign policy interests.
Rubio cited an obscure provision of the Immigration and Nationality Act to justify his finding, and Farbiarz later enjoined the secretary from using that determination to deport Khalil.
Protesters gather at Ervan Chew Park in Houston, Texas, on June 8, 2025, for a demonstration against Trump immigration policies and mass deportations. (Reginald Mathalone/NurPhoto via Getty Images)
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Department of Justice attorneys argued to the judge that the federal court did not have authority to free Khalil from detention because the second claim against him regarding his green card application was still pending in immigration court.
"Khalil remains detained because he is currently charged as removable for fraudulently or willfully misrepresenting material facts on his adjustment of status application," the attorneys wrote in court papers this week.
Fox News's Kirill Clark contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/judge-orders-anti-israel-ringleader-mahmoud-khalil-released-bail