Trump administration refuses to release pro-Palestinian activist despite judge’s order

The Trump administration announced in a court filing Friday that it will not release detained pro-Palestinian activist Mahmoud Khalil despite a federal judge’s order, Anadolu reports.

On Wednesday, US District Judge Michael Farbiarz issued a preliminary injunction barring the government from deporting or continuing to detain Khalil, 30, based on the determination that his continued presence in the US would pose a risk to foreign policy.

According to Trump administration officials, Khalil was detained for allegedly supporting Hamas, which Khalil’s lawyers deny.

The US Department of Justice argued in a court filing on Friday that the judge’s order does not prevent the government from detaining Kahlil on a second set of charges, regardless of how unusual his detention on those grounds may be.

“While the Court made a factual finding that it was unlikely that Khalil would be detained on another basis… the Court never held that it would be unlawful for Respondents to detain Khalil based on another charge of removability,” DOJ lawyers wrote.

The immigration judge overseeing Khalil’s removal proceedings has not decided if the Columbia University graduate is deportable under the second set of allegations, which claim that Khalil misrepresented information on his green card application.

READ: Pro-Palestinian activist Mahmoud Khalil demands release after US fails to meet court’s deadline

According to ABC News, Department of Homeland Security (DHS) officials claim that Khalil failed to disclose on his green card application that he was a member of the Columbia University Apartheid Divestment coalition and misrepresented his time working for the Syria Office at the British Embassy in Beirut.

“Khalil is now detained based on that other charge of removability. Detaining Khalil based on that other ground of removal is lawful,” Justice Department lawyers continued in their filing. “An alien like Khalil may be detained during the pendency of removal proceedings regardless of the charge of removability.”

Khalil’s lawyers have submitted several declarations corroborating that the information he submitted on his green card application was accurate.

Responding to denial of Khalil’s release today, his legal team said in a statement that Mahmoud Khalil was “detained in retaliation for his advocacy for Palestinian rights.”

“The government is now using cruel, transparent delay tactics to keep him away from his wife and newborn son ahead of their first Father’s Day as a family. Instead of celebrating together, he is languishing in ICE detention as punishment for his advocacy on behalf of his fellow Palestinians,” they said.

They further described the decision as “unjust, shocking,” and stressed that “it is disgraceful.”

Khalil was arrested on March 8 in the lobby of his New York City apartment building and transferred to an immigration detention facility 1,400 miles (2,253 kilometers) away in the state of Louisiana, where he has been held since the court proceedings began.

READ: Judge orders Trump administration to release Mahmoud Khalil, condemns ‘chilling’ assault on free speech