The New York Administration of Trump so far cannot deport or detain Mahmoud Halil, a graduate of the University of Colombia and a propalist activist, held at the Louisiana Retention Center, a Federal Judge in New Jersey ruled on Wednesday.
Judge Michael Farbiarz has provided Halili’s proposal to release and said that immigration authorities cannot be sought to remove Halil from the country based on the determination of US Secretary of State Marco Rubio, who found that the recent student for Palestinian rights may compromise foreign policy.
The decision comes after the judge said earlier that it was likely to find the unclear provision of the immigration law applied in Halil, so unclear that it would be unconstitutional. On Wednesday, Khalil’s attorneys said the Farbiarz decision was the first to make that international students could not be deported solely from foreign policy grounds.
“This avenges what Mahmoud supports from the first day-that the government cannot keep it or deports it based on the word of Rubio,” Ramsey Kasem, co-director of the clear project at Cuny’s Law Faculty.
The judge founded his early order to establish that Halil, who was in custody at the Louisiana Immigration Center for 13 weeks, would face irreversible damage if he had not been released.
“(The court) finds that Khalil’s career and reputation are damaged and his speech is cooled,” Farbiarz writes, “And this contributes to irreparable harm.”
The federal government has to appeal the judge’s decision by Friday morning. The employees of the Ministry of Justice and Homeland Security did not immediately say whether they intended to do so.
“This is the news we have been waiting for more than three months,” said Noor Abdala, Khalil’s wife, who recently gave birth to the couple’s first child during his detention.
Abdal said that this was her hope that Halil could be with her and their baby, a boy named Dean, until Father’s Day, this Sunday.
Khalil was arrested in March in his apartment owned by Colombia after the government moved to cancel its green card based on a rarely used section of immigration law, which allows the Secretary of State to order someone who has deported from foreign policy grounds.
The government also stated a second reason to strive to deport Halil – claiming that he failed to complete the forms accurately when he applied for a permanent residence. However, Judge Farbiarz, on Wednesday, rejected the argument that the continued detaining of Khalil on this secondary basis would not cool the speech.
“It is evidenced that legal permanent residents have never been detained in anticipation of eliminating the type of alleged omissions in a lawful residual application, which (Halil) has been charged here,” Farbiarz wrote.
“And this strongly suggests that it is the Secretary of State’s determination that is moving [Khalil’s] Continuing detention – not the other accusation against him. “
Khalil’s lawyers are fighting for his free speech rights in New Jersey separately from his deportment production in Louisiana, where he was quickly transferred after his arrest.
Judge in the parallel immigration, Jamie Commons, joined the federal government and ordered Halil to be deported, a decision he continues to fight.
Last month, she heard testimony from the student activist and several experts who said that his deportation could lead to his abduction, torture or even death because of his known criticism of Israel.
“The ice must immediately release him,” says Mark van der Hout, one of Khalil’s lawyers immigration jurors to Khalil, for Khalil. “If they refuse to do so, the immigration judge must release him to Bond. There is absolutely no legal reason for his continued unfair and cruel detention.”
Other defenders of non -struck students, including Colombia students Mohsen Mahdavi and Yunseo Chung, were previously released or spared by federal judges.
____