Why Is Palestinian Activist Mahmoud Khalil Still in U.S. Detention?

Watan-The New York Times questioned why Palestinian activist Mahmoud Khalil remains detained in a Louisiana prison, even though students, lecturers, and activists facing similar charges related to pro-Palestinian activism have already been released.

In a report by Jonah E. Bromwich, the paper noted that Badr Khan Souri, a postdoctoral student at Georgetown University, was released after 58 days; Rümeysa Öztürk, a PhD student at Tufts University, after 45 days; and Mohsen Mehdawi, a Columbia University graduate, after just 16 days.

However, Khalil—one of the most prominent pro-Palestinian figures in the U.S.—has now spent 72 days in the Jena Detention Center in Louisiana. He awaits a decision from a federal judge in New Jersey on whether he may be temporarily released while his immigration case is resolved.

The Trump administration had used a rarely invoked law to justify that Khalil’s presence in the U.S. poses a threat to foreign policy goals aimed at combating antisemitism.

Khalil’s lawyers argue that the U.S. government is retaliating against their client—a legal permanent resident—for his participation in protests at Columbia University, and that he should be free pending a fair legal process.

The paper noted that federal Judge Michael E. Farbiarz of New Jersey is treating the case with grave seriousness but has not yet issued a full opinion on the critical First Amendment and due process questions that have garnered national attention.

Despite repeated requests by Khalil’s defense team for his release on bail—consistent with other similar cases—Judge Farbiarz stated that he must first resolve fundamental procedural matters.

Farbiarz has issued multiple rulings, including two lengthy opinions: one of 67 pages confirming his authority to hear the case, and another of 108 pages affirming his jurisdiction. In the latter, dated April 29, he acknowledged that “unnecessary delay” is prohibited under the law.

Khalil’s Legal Battle Highlights Judicial Caution and Political Allegations

Bahir Azmy, Khalil’s attorney and Legal Director of the Center for Constitutional Rights, stated: “It’s understandable that Mahmoud feels frustrated—he was the first to be detained and remains in custody after nine weeks. But we remain hopeful that the court will affirm the unconstitutionality of the government’s actions and order his release soon.”

Legal experts admit that Farbiarz’s approach is slow but say it reflects caution typical of a judge early in their career. “In a case receiving this much public scrutiny, it’s logical the judge wants to proceed by the book,” said Stephen I. Vladeck, law professor at Georgetown. “He knows the spotlight is not just on him but on the federal judiciary’s ability to fairly handle such cases.”

The article described Farbiarz’s meticulousness as bordering on obsessive—even before his federal appointment in 2023. As a former federal prosecutor in Manhattan, he led the International Narcotics and Terrorism Unit.

Among his high-profile cases: the prosecution of Osama bin Laden’s son-in-law, a Guantanamo detainee in civilian court, and Swedish national Oussama Kassir, who was charged with trying to set up training camps in Oregon.

Mark S. DeMarco, a Bronx-based attorney who opposed Farbiarz in the Kassir case, described him as fair and meticulous: “He was one of the most prepared prosecutors I’ve ever faced.”

After leaving the U.S. Attorney’s office, Farbiarz became a fellow at NYU Law School, focusing on jurisdiction and procedural rights of defendants outside the U.S.—topics closely aligned with Khalil’s case.

The Times report states that U.S. authorities acted swiftly in arresting Khalil and pressing charges.

A spokesperson for the Department of Homeland Security accused Khalil of leading “pro-Hamas” activities, while White House Press Secretary Karoline Leavitt claimed he “sided with terrorists,” referencing his participation in protests where pro-Hamas flyers were distributed.

No Proof of Hamas Ties as Khalil Faces Parallel Legal Battles and Family Hardship

However, no evidence has been presented to prove Khalil supported Hamas. His attorneys cited his previous statement on CNN, in which he said: “There is no place for antisemitism or any form of racism on campus or in this movement.”

Khalil’s case is currently before two separate courts.

Judge Farbiarz has authority to rule on the constitutionality of his deportation and the power to order his temporary release.

Meanwhile, Immigration Judge Jamie Comans is handling the administrative deportation proceedings and will determine whether the government has met all legal conditions for removal.

A hearing in immigration court is scheduled for Thursday.

The report ends with a moving account from Khalil’s wife, Dr. Nour Abdullah, who attended a recent hearing with their infant son, Dean, born on April 21.

Through tears, she said she had hoped her husband would be present at her graduation, adding, “He missed Dean’s birth, and the first moments of his life were stolen from him.”