Judge won't force Trump admin to free detained Columbia activist despite ruling

A federal judge who ruled this week that the Trump administration couldn't detain a pro-Palestinian activist based solely on his perceived threat to foreign policy has since declined to order the federal government to free him.

Mahmoud Khalil, a Columbia University graduate, was arrested by U.S. Immigration and Customs Enforcement agents in early March based on State Department orders to revoke his student visa.

On Wednesday, Judge Michael Farbiarz ruled that the Trump administration could not deport or detain Khalil based on Secretary of State Marco Rubio’s determination that Khalil’s actions threatened the nation's foreign policy interests. The judge said the statute was likely unconstitutional and said it chilled Khalil’s First Amendment rights.

Earlier Friday, the Trump administration said it would not release Khalil, arguing that the judge did not actually order them to do so unconditionally. Instead, the administration said the judge had simply found he couldn't remain detained based solely on Rubio's determination.

Later Friday afternoon, Farbiarz said the administration could keep Khalil detained in Louisiana on a separate immigration violation allegation that was argued following his arrest, Politico reported. The federal government said Khalil failed to disclose previous employers and membership in certain organizations when he obtained a green card.

Baher Azmy, an attorney for Khalil, told Politico they are "profoundly disappointed that Mahmoud has to bear any more delay and detention from this historically outrageous government conduct."