A federal judge has upheld the detention of Mahmoud Khalil, a green card holder and pro-Palestinian activist, despite arguments from his legal team that the charges against him are unsubstantiated.

Government lawyers asserted that “Khalil is now detained based on that other charge of removability,” and that “Detaining Khalil based on that other ground of removal is lawful.”

Judge Farbiarz concurred with the government’s rationale in a brief order, allowing Khalil’s detention to continue based on the immigration fraud charge.

This decision marks a setback for Khalil and his lawyers, who have been advocating for his release since his arrest, which followed President Trump’s crackdown on pro-Palestinian activists.

Response to the Ruling

“The government’s decision to continue to detain Mahmoud on these patently false and pretextual charges is only more evidence of their cowardly vindictiveness.”

Baher Azmy, one of Khalil’s lawyers, issued a statement condemning the ruling, stating, “The government’s decision to continue to detain Mahmoud on these patently false and pretextual charges is only more evidence of their cowardly vindictiveness toward him and their unrelenting desire to punish him for speaking out against them and their complicity in genocide.”

Neither the Justice Department nor the Department of Homeland Security has issued a statement regarding the case.

Background of the Case

Khalil’s arrest occurred after Marco Rubio invoked a statute that allows the Secretary of State to deport individuals deemed a threat to U.S. foreign policy. Rubio, along with President Trump and other officials, accused Khalil of supporting Hamas and promoting antisemitism, allegations that Khalil denies and for which the government has not provided evidence.

Fraud Charge and Legal Options

The immigration fraud charge against Khalil alleges that he omitted details on his green card application regarding his work history and involvement with organizations, including a U.N. agency supporting Palestinians.

Khalil’s legal team argues that the fraud charge is without merit and was added as a pretext to deport him if the initial attempt based on his activism fails on constitutional grounds.

An immigration judge in Louisiana is currently reviewing the evidence to determine if deportation based on the fraud charge is justified. A ruling against the government could lead to Khalil’s release.

The federal judge who denied Khalil’s release has suggested that he could seek bail from the immigration judge in Louisiana.