A federal judge upheld the Trump administration’s decision to keep Mahmoud Khalil in custody by invoking a secondary legal argument, despite initially ruling against his detention based on threats to American foreign policy interests. U.S. District Judge Michael Farbiarz denied Khalil’s request for release following three months in immigration detention, allowing Immigration and Customs Enforcement to hold him on different grounds. The Justice Department argued that Khalil misrepresented information on his residency application, justifying his continued detainment under a federal immigration statute.

Khalil’s lawyer criticized the government for employing delay tactics to keep him separated from his family, emphasizing his advocacy for Palestinians. While the Justice Department declined to comment, they urged Khalil to pursue administrative channels for release rather than federal court intervention. Farbiarz extended the government’s time to respond to his initial ruling and acknowledged Khalil’s legal team’s request for release pending the appeal deadline.

Khalil, a Palestinian activist without criminal allegations, was arrested in March and faces potential deportation due to his perceived threat to U.S. foreign policy interests. Despite Farbiarz’s rejection of the primary argument for detention, Khalil remains in custody under the secondary charge of misrepresentation. The judge emphasized Khalil’s failure to refute the legality of his detainment on this new basis. The ongoing legal battle underscores the complexities of immigration law and the impact on individuals like Khalil, caught between legal interpretations and personal circumstances.