In a dramatic twist fit for a courtroom thriller, the U.S. Department of Justice informed a federal judge Friday that it will not be releasing Mahmoud Khalil, a Columbia University graduate student, from immigration detention—despite a judicial order demanding his release.
This bold maneuver comes after U.S. District Judge Michael E. Farbiarz issued a preliminary injunction prohibiting U.S. Immigration and Customs Enforcement (ICE) from detaining Khalil under the claim that his presence allegedly threatens U.S. foreign policy interests, as designated by Secretary of State Marco Rubio.
DOJ Finds a Loophole: “We Don’t Need to Appeal”
Rather than file a formal appeal, federal prosecutors delivered a letter to the court Friday afternoon stating they’ve discovered alternative legal grounds to continue detaining Khalil—grounds that fall outside the scope of the judge’s order.
In the letter, DOJ lawyers argued,
“Detaining Khalil based on that other ground of removal is lawful… An alien like Khalil may be detained during the pendency of removal proceedings regardless of the charge of removability.”
That “other ground”? Prosecutors allege Khalil failed to disclose two key pieces of information on his green card application:
