Mahmoud Khalil Released After 104 Days; AOC Calls Detention ‘Political Persecution’
Following over three months in immigration custody, Columbia University student and pro-Palestinian activist Mahmoud Khalil has been released. Greeted by supporters, family, and Rep. Alexandria Ocasio-Cortez (D-NY) upon his return to the New York City area on June 21, 2025, Khalil’s detention was vehemently condemned by Ocasio-Cortez, who labeled it “political persecution” orchestrated by the Trump administration.
Ocasio-Cortez asserted that Khalil’s arrest was politically motivated, a violation of his First Amendment rights, and an “affront to every American.” She accused the Trump administration of targeting Khalil specifically for his vocal advocacy for Palestinian rights and vowed continued resistance against what she characterized as the “politicization and the continued political persecution that ICE is engaged in.”
The Detention of Mahmoud Khalil
Mahmoud Khalil, a Palestinian who grew up in a Syrian refugee camp and holds legal permanent residence in the U.S. on a student visa, was arrested on March 8, 2024, without a warrant in his Manhattan apartment building lobby. His green card was subsequently stripped, and he was held for 104 days at an Immigration and Customs Enforcement (ICE) detention center in Jena, Louisiana. During this time, he tragically missed the birth of his son and his university graduation.
The Trump administration initially alleged that Khalil’s presence undermined U.S. foreign policy interests aimed at preventing antisemitism, citing a rarely used provision of the Immigration and Nationality Act. Officials later added claims that he allegedly misrepresented material facts on his residency application and supported the Hamas militant group.
Khalil and his legal team at the Center for Constitutional Rights categorically denied these accusations, including the allegations of antisemitism. Khalil stated his protests were against U.S. government funding and Columbia University investments in what he described as “this genocide.”
Legal Challenge and Release
Khalil’s release followed a significant legal challenge. On June 11, a federal district judge in New Jersey, Michael Farbiarz, ruled that Secretary of State Marco Rubio lacked the authority to detain or deport Khalil solely on foreign policy grounds. Judge Farbiarz, a Biden appointee, left open the possibility of pursuing removal based on the alleged misrepresentation claim but questioned the government’s case.
On June 20, Judge Farbiarz ordered Khalil’s release on bail, pending ongoing legal challenges. The judge found that the government had “clearly not met” the standards for detention, deeming the months-long incarceration potentially punitive. He noted “extraordinary circumstances,” highlighting that Khalil has no criminal record, has not been charged with any crimes, and was not deemed a flight risk or a danger to the community. Judge Farbiarz also expressed concerns about the chilling effect Khalil’s detention could have on free speech and the capacity of immigration courts to handle such complex political issues. Justice Department lawyers did not provide proof of violence, property destruction, or incitement to violence.
The Trump administration disputed the judge’s ruling, appealing the release order the same night it was granted. A Homeland Security spokesperson criticized the judge, calling the ruling “yet another example of how out-of-control members of the judicial branch are undermining national security.”
Vowing to Continue Activism
Upon his release, Mahmoud Khalil reaffirmed his unwavering commitment to continue his pro-Palestinian advocacy, stating, “Still, the fight is far from over.” Speaking at the airport press conference, he vowed to keep speaking out against the situation in Gaza and American support for Israel’s actions, even under threat of detention or death. He stated, “My existence is the message. Palestinian existence is a message.”
Khalil’s wife, Dr. Noor Abdalla, spoke about the injustice faced by their family and others the government attempts to silence for protesting. Khalil also pledged to advocate for the rights of other individuals still held in immigration facilities.
Khalil is pursuing a pending lawsuit against the Trump administration in New Jersey federal court, alleging violations of his constitutional rights, including free speech and due process. Judge Farbiarz noted that there was “at least something” to the argument that the immigration charge was being used to potentially punish Khalil for his speech, which would be unconstitutional.
The case underscores the escalating tensions surrounding free speech, campus activism, immigration enforcement, and the Trump administration’s approach to dissent concerning the conflict in Gaza. Khalil’s release is seen by his legal team and supporters as a “significant and important victory,” though they argue it came “far too late.”
