Trump admin's effort to deport Mahmoud Khalil is likely unconstitutional, judge rules

A federal judge in New Jersey ruled Wednesday that the Trump administration's effort to deport pro-Palestinian activist Mahmoud Khalil on foreign policy grounds is most likely unconstitutional but stopped short of releasing him from detainment.

A federal judge in New Jersey ruled Wednesday that the Trump administration's effort to deport pro-Palestinian activist Mahmoud Khalil on foreign policy grounds is most likely unconstitutional but stopped short of releasing him from detainment.

In a lengthy order, U.S. District Judge Michael Farbiarz said Khalil was "likely to succeed" in his claim that the administration’s determination that he is a threat to U.S. foreign policy is "unconstitutionally vague."

Farbiarz said the rarely used provision in immigration law the government cited for Khalil's detention was "unconstitutional as applied" to Khalil and added that Secretary of State Marco Rubio did not "affirmatively determine" that Khalil's conduct had any impact on U.S. relations with another country.

Farbiarz said deporting Khalil under the provision would be “unprecedented.”

Khalil’s legal team said in a statement, “The district court held what we already knew: Secretary Rubio’s weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional.”