Mahmoud Khalil's case should be heard in New Jersey, judge rules

A pro-Palestinian activist who led protests at Columbia University will have his case challenging his detention by the government heard in New Jersey, a judge ruled Wednesday. 

Mahmoud Khalil, a 30-year-old green card holder who is married to a U.S. citizen, was arrested on March 8 at his apartment at Columbia University and was taken to a detention center in New Jersey and ultimately transferred to Louisiana, where he is being held as he challenges the government's move to deport him. 

Judge Jesse Furman ruled that the court in New York is not the appropriate venue for Khalil's petition to challenge his deportation to be heard, and rather the case should be heard in New Jersey, where his petition challenging the case was filed. 

"The court agrees with the Government that Khalil's Petition cannot be heard in this District and agrees with Khalil that it should be transferred to the District of New Jersey, not dismissed or transferred to the Western District of Louisiana," Furman wrote. "These conclusions flow from the undisputed fact that, at 4:40 a.m. on March 9, 2025, when Khalil's lawyer filed the Petition on his behalf, he was detained in New Jersey." 

"There's going to be a darkout period of time while he's moved, but eventually a bond hearing will be had," said Michael Wildes, an immigration attorney and former federal prosecutor who is not involved in this case. "Ultimately, the issue here still remains the same. Is this constitutionally protected speech, or is this conduct that is aligned with Hamas and therefore against our national interest?" 

Khalil's petition questions his detention. The judge noted in the order "many of the facts in this case are hotly contested." Khalil's petition, the judge says, depicts him as "an outspoken but peaceful leader of student protests held at Columbia University against Israel's actions in Gaza since the atrocities of October 7, 2023," and that the government, by contrast, describes him as "'leading activities aligned to Hamas,''siding with terrorists,' and "a threat to the foreign policy and national interests of the United States.'"

White House spokesperson Karoline Leavitt previously said Khalil was "given the privilege of coming to this country to study at one of our nation's finest universities and colleges – and he took advantage of that opportunity, of that privilege by siding with terrorists."

Leavitt alleged that Khalil had distributed "pro-Hamas flyers on Columbia's campus." 

According to a Department of Homeland Security notice to appear obtained by CBS News on Wednesday, DHS wrote that Secretary of State Marco Rubio has "determined" that Khalil's "presence or activities in the United States would have serious adverse foreign policy consequences for the United States." 

On "Face The Nation" Sunday, Rubio was asked repeatedly if there was any evidence of a link to terrorism, or whether Khalil's point of view was simply controversial. 

Rubio cited news footage, saying "these guys take over entire buildings, they vandalize colleges."  

Furman acknowledged the importance of the issues in the case. 

"In many ways, this is indeed an exceptional case, and there is a need for careful judicial review. Such judicial review is especially critical when, as here, there are colorable claims that the Executive Branch has violated the law or exercised its otherwise lawful authority in an arbitrary and discriminatory manner," Furman wrote. 

Furman ordered that Khalil remain detained in custody until the court in New Jersey determines his fate. That same New Jersey court will also decide whether Khalil should be moved from where he is being held in Louisiana to New Jersey, or whether he should be released on bail, and more, Furman wrote. 

For now, then, Khalil will remain detained in Louisiana. 

"This is a first step, but we need to continue to demand justice for Mahmoud. His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me," Khalil's wife Noor Abdalla said. 

Khalil released a statement about his detention Tuesday, calling himself a "political prisoner" and saying "the Trump administration is targeting me as part of a broader strategy to suppress dissent."