Columbia graduate Mahmoud Khalil released from detention

Kayla Epstein
BBC News, New York
Watch: 'Justice prevailed', says Mahmoud Khalil following release

Columbia University graduate and activist Mahmoud Khalil said the Trump administration "chose the wrong person" to target in its crackdown on student protesters as he was released on bail after more than three months in detention.

A federal judge ruled on Friday that Mr Khalil was not a flight risk or threat to his community and could be released as his immigration proceedings continue.

Mr Khalil was a prominent voice in Columbia's pro-Palestinian protests last year, and his 8 March arrest sparked demonstrations in New York and Washington DC.

The government has argued his activism impedes on US foreign policy and moved to have him deported.

Watch: Moment Mahmoud Khalil is arrested by US immigration officers in New York

Speaking to journalists before heading to New York from Louisiana, where he was held, he said he was most eager to see his wife and his son, who was born during his 104 days in detention.

"The only time I spent [with] my son was a specified one-hour limit that the government had imposed on us," he said.

"So that means that now I can actually hug him and Noor, my wife, without looking at the clock."

He also criticised the Trump administration for targeting him for protesting Israel's military actions in Gaza: "There's no right person that should be detained for actually protesting a genocide".

He did not specifically mention Israel, which emphatically denies accusations of genocide in Gaza, or Jewish people.

In a statement, White House spokeswoman Abigail Jackson accused Mr Khalil of engaging in "fraud and misrepresentation" and "conduct detrimental to American foreign policy interests".

The White House maintains that Judge Michael Farbiarz did not have jurisdiction to order Mr Khalil's release.

"We expect to be vindicated on appeal, and look forward to removing Khalil from the United States," Ms Jackson said.

Khalil was held by ICE under two charges

Mr Khalil, a permanent resident, graduated from Columbia while he was in detention. His wife took his place during the ceremony and accepted his diploma on his behalf.

The government has not accused Mr Khalil of a specific crime.

Secretary of State Marco Rubio invoked a rarely-used portion of the Immigration and Nationality Act to argue Mr Khalil's presence in the US could pose "potentially serious adverse foreign policy consequences."

Last week, Judge Farbiarz ruled Rubio's justification for detaining Mr Khalil was likely unconstitutional and said the US government could not detain or deport the 30-year-old legal US resident under that reasoning.

Attorneys for the Trump administration then said Mr Khalil was being held for a different charge, failing to disclose information when he applied for lawful permanent residency in 2024.

Watch: Mahmoud Khalil is 'overjoyed' and 'outraged', says lawyer Baher Azmy

Mr Khalil's attorneys had argued that the government violated their client's free speech rights and the administration targeted him because of his role in protests. They also asked a New Jersey federal court to free him on bail or transfer him closer to his wife and baby.

Throughout Friday's nearly two-hour hearing, Judge Farbiarz, who presides in the District of New Jersey, expressed scepticism of the government's requests hold Mr Khalil while his case moves forward.

He also said Mr Khalil's arrest and detention on the second charge was "highly unusual".

"It's overwhelmingly unlikely that a lawful permanent resident would be held on the remaining charge here," Judge Farbiarz said, according to CBS News.

He added that "there is an effort to use the immigration charge here to punish the petitioner" for his protests.

Under the conditions of his release, Mr Khalil will not have to wear electronic monitoring, and will be given a certified copies of his passport and green card so he can return home.

The government will retain his physical passport. The court barred Mr Khalil from international travel, but he will be permitted some domestic travel to New York and Michigan, as well as New Jersey and Louisiana for court appearances and attorney visits. He will also be permitted to travel to Washington for lobbying and legislative purposes.

"No one should fear being jailed for speaking out in this country," said Alina Das, co-director of the Immigrant Rights Clinic at New York University School of Law, who appeared in court to argue for his release on Friday.

"We are overjoyed that Mr Khalil will finally be reunited with his family while we continue to fight his case in court."

"After more than three months, we can finally breathe a sigh of relief and know that Mahmoud is on his way home to me and Deen, who never should have been separated from his father," said Mr Khalil's wife, Dr Noor Abdalla, in a statement released by the American Civil Liberties Union.