A federal judge ruled on Friday that Mahmoud Khalil, a pro-Palestinian activist affiliated with Columbia University, will remain in Immigration and Customs Enforcement (ICE) custody.
This decision followed a shift in the federal government’s legal approach.
The Trump administration argued it could continue to detain Khalil, a green card holder, based on an omission in his permanent residency application.
Specifically, the government claimed Khalil failed to report work experience on his application.
This legal strategy change came after District Judge Michael Farbiarz ruled earlier in the week that Khalil could not be detained solely due to Secretary of State Marco Rubio’s designation of him as a threat to U.S. foreign policy.
On Friday, the government said, “Khalil is now detained based on that other charge of removability. Detaining Khalil based on that other ground of removal is lawful.”
Judge Farbiarz’s initial ruling had suggested the government could pursue other grounds to detain Khalil or appeal the decision, per Trending Politics.
“To be sure, it might be argued that the Petitioner would be detained anyway,” Farbiarz had stated Wednesday. “The Department of Homeland Security is seeking to remove the Petitioner not only based on the Secretary of State’s determination, but also