A federal judge has ordered the release of Columbia University graduate Mahmoud Khalil from US immigration detention, where he was held for over three months due to his activism against Israel’s actions in Gaza. Judge Michael Farbiarz stated that Khalil is not a flight risk nor a danger to the community, emphasizing the unusual nature of seeking his detention given the circumstances. Khalil’s arrest was criticized as an assault on free speech protected by the First Amendment, although he has not been charged with a crime.

Khalil’s release follows a series of setbacks for the administration, which had aimed to deport pro-Palestinian international students en masse. Other detained students, including Rumeysa Ozturk, Badar Khan Suri, and Mohsen Mahdawi, were previously released, while some chose to leave voluntarily or are fighting deportation proceedings. Judge Farbiarz had earlier found the immigration provision used to detain Khalil likely unconstitutional.

Although Khalil’s federal court case led to his release, his immigration case will continue separately. The government may argue that discrepancies in Khalil’s green card application support deportation efforts, a claim his attorneys dispute. Khalil, who is married to US citizen Noor Abdallah, expressed his commitment to their newborn son and the Palestinian cause during his detention.

The development in Khalil’s case reflects ongoing legal battles surrounding immigration policies and the protection of free speech rights, highlighting the complexities and controversies within the US immigration system.