Federal Authorities Refuse to Release Palestinian Activist, Cite Separate Statute for Detention

Strategic Insights -

Federal authorities have refused to release Palestinian activist Mahmoud Khalil, citing a separate federal statute that allows authorities to keep immigrants in custody during removal proceedings. This decision comes despite a US District Court judge ordering his release, ruling that the initial detention was likely unconstitutional. Khalil, a permanent resident, has been detained since March for helping to organize pro-Palestinian protests. The government has argued that detaining Khalil based on this separate statute is lawful, claiming that an alien like Khalil may be detained during the pendency of removal proceedings regardless of the charge of removability.

Key Takeaways:

  • Federal authorities refused to release Palestinian activist Mahmoud Khalil, citing a separate federal statute that allows detention during removal proceedings.
  • US District Court Judge Michael Farbiarz had ordered Khalil's release, ruling that his initial detention was likely unconstitutional.
  • Khalil's detention was based on his support of pro-Palestinian protests, which the Secretary of State Marco Rubio argued would have "potentially serious adverse foreign policy consequences for the United States."
  • Attorney Ian Fernando Hinonangan represents Khalil and argues that federal authorities' reasoning for his continued detention is part of a campaign of retaliation for Khalil's First Amendment-protected speech.
  • The judge's order allowed officials to continue efforts to remove Khalil, but did not explicitly permit them to continue detaining him for other reasons.

Statistics:

  • Khalil has been detained since March 2025.
  • The Immigration and Nationality Act of 1952 was mentioned as the initial basis for Khalil's detention.
  • The separate federal statute cited for detention during removal proceedings was not specified by name.
  • The 3d Circuit Court of Appeals was mentioned as the court that could review the decision.
  • Mahmoud Khalil has no criminal convictions or charges.

Sources:

  • [1] US District Court Judge Michael Farbiarz order, Wednesday, June 2025 (https://newjerseymonitor.com/wp-content/uploads/2025/06/6-11-25-Khalil-vs.-USA.pdf)
  • [2] Letter from government attorneys to the court, Friday, June 2025 (https://newjerseymonitor.com/wp-content/uploads/2025/06/US-letter-re-Khalil-6_13_25.pdf)
  • [3] Declaration from Attorney Ian Fernando Hinonangan, Friday, June 2025 (https://newjerseymonitor.com/wp-content/uploads/2025/06/mahmoud-khalil-letter-june-13.pdf)