Rep. Alexandria Ocasio-Cortez speaks to the press next to former Columbia University student Mahmoud Khalil as he is greeted by family and friends upon arrival at Newark airport in Newark, New Jersey, on June 21, 2025. (KENA BETANCUR/AFP via Getty Images)
"The judge did not have the authority to decide on Khalil’s detention status. This was specifically an only foreign immigration judge, not a federal judge. He doesn't have the wherewithal, the knowledge, or the legal backing to make this decision. Khalil should have never been released," Attorney Mehek Cooke said, agreeing with the administration’s assessment that Khalil poses a threat due to his anti-Israel activism.
"And the last time I checked, President Trump is the Commander-in-Chief, Secretary Rubio has determined Khalil not only to be a threat to national security, but under his jurisdiction, asked for his removal. And we're constantly seeing judges circumvent federal immigration law, the Commander-in-Chief, and now Secretary Rubio for political gain," she continued.
In addition, the DHS said Khalil allegedly omitted key information from his green card application about groups with which he was affiliated, including the Columbia University Apartheid Divest, and Cooke said the allegations about his application strengthen the case for his removal.
Pro-Hamas activist and former Columbia University graduate student Mahmoud Khalil poses for selfies after his release from federal immigration detention in Jena, Louisiana, on Friday, June 20, 2025. (Kat Ramirez for Fox News Digital)
"It is an enormous relief that Palestinian human rights defender Mahmoud Khalil can return to New York while his case proceeds. Now, Mr. Khalil will thankfully be reunited with his wife and newborn — a bond that never should have been broken in the first place," Donna Lieberman, executive director at the NYCLU, said in a statement on June 20 amid news of his release.
CLICK HERE TO GET THE FOX NEWS APP
"Ideas are not illegal, and no administration should ever incarcerate people for expressing opinions they disagree with. We are heartened and relieved that Mr. Khalil can return to his family, community, and counsel, and the NYCLU will continue to fight back against Trump’s unconstitutional attacks on free speech and dissent," Lieberman added.
As for Cooke, she said that "there's a lot of debate about freedom of speech, but when you combat it with national security and terrorism, it isn't free speech anymore."
"It's a megaphone for terror, and that's exactly what Khalil's protests are. It wasn't about debate. It was about destabilizing America," she added.
Fox News’ Brie Stimson contributed to this report.
Cameron Arcand is a politics writer at Fox News Digital in Washington D.C. Story tips can be sent to Cameron.Arcand@Fox.com and on Twitter: @cameron_arcand
Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox
Subscribed
You've successfully subscribed to this newsletter!
https://www.foxnews.com/politics/conservative-legal-expert-explains-next-steps-mahmoud-khalil-case