Campus Protests Mahmoud Khalil

FILE - Student negotiator Mahmoud Khalil is seen at a pro-Palestinian protest encampment on the Columbia University campus in New York, April 29, 2024.

NEWARK, N.J. (AP) — A federal judge has ruled that the government cannot deport and must release Mahmoud Khalil, the student whom the Trump administration jailed over his participation in pro-Palestinian demonstrations at Columbia University.

Khalil was detained by federal immigration agents on March 8 in the lobby of his university-owned apartment in New York. He was then flown across the country and taken to an immigration detention center in Jena, Louisiana.

Khalil’s lawyers have challenged the legality of his detention. They say the Trump administration is trying to crack down on free speech. U.S. Secretary of State Marco Rubio says he has the power to deport Khalil because his presence in the U.S. could harm foreign policy.

U.S. District Judge Michael Farbiarz had ruled earlier that expelling Khalil from the U.S. on those grounds was likely unconstitutional.

In a new ruling Wednesday, the judge said that Khalil had shown that his continued detention is causing irreparable harm to his career, his family and his free speech rights.

Farbiarz gave the government until Friday to appeal the decision. He also required Khalil to post a $1 bond.

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