A federal judge on Friday ordered the release of anti-Israel activist Mahmoud Khalil on bail, raising eyebrows across the political spectrum. Khalil, a lawful permanent resident accused of immigration fraud and ties to radical campus activism, was previously detained in Louisiana.
Judge Michael Farbiarz, a Biden appointee, ruled that Khalil’s continued detention was “highly unusual” and cited “extraordinary circumstances” in granting him bail.
The Department of Homeland Security had argued that Khalil, arrested in March outside his Columbia University apartment, should remain in detention due to alleged omissions on his green card application—specifically his affiliation with controversial groups such as the Columbia University Apartheid Divest, known for its inflammatory anti-Israel rhetoric.
Khalil has become a symbolic figure for far-left activist circles, with immigration lawyers and anti-Israel protest groups claiming his arrest was political retaliation.
His legal team accused the federal government of targeting him for exercising free speech—ignoring the fact that U.S. officials have flagged his support for groups with alleged ties to Hamas.
A memo from Secretary of State Marco Rubio previously cited Khalil’s on-campus activism as contrary to American foreign policy interests, invoking a little-used provision of the Immigration and Nationality Act to justify removal proceedings.
Though Judge Farbiarz temporarily blocked Rubio’s directive, DHS later introduced a separate and arguably stronger charge: that Khalil had misrepresented material facts on his immigration paperwork.
Despite this, the judge sided with Khalil’s attorneys, who argued that keeping him in a Jena, Louisiana, immigration facility was excessive and politically motivated. Khalil had also filed a habeas corpus suit demanding to be either released or transferred to a New Jersey facility closer to his family and legal counsel.
The Department of Justice countered that federal courts have no authority to override active immigration proceedings, noting that Khalil is currently charged with “willfully misrepresenting material facts” in his green card application—a serious offense that could warrant deportation.
Conservatives warn that the decision to release Khalil sends a troubling message. “We now have federal judges undermining the enforcement of immigration law in favor of activists accused of sympathizing with America’s enemies,” said one immigration policy expert. “This isn’t just about free speech—it’s about national security and integrity in our immigration system.”
The case continues to unfold as Khalil awaits further immigration court proceedings.