By Yasin Gungor
ISTANBUL (AA) - A US district judge in New Jersey on Wednesday blocked the deportation of pro-Palestinian activist Mahmoud Khalil, ruling that he cannot be detained or removed based solely on Secretary of State Marco Rubio's determination that his presence compromises US foreign policy interests.
The US District Court granted Khalil's motion for a preliminary injunction against federal officials seeking his removal, finding he would suffer irreparable harm without court protection.
The Department of Homeland Security sought Khalil's deportation based on his failure to accurately complete his residency application and Rubio's foreign policy determination grounds.
In a memorandum to Homeland Security Secretary Kristi Noem, Rubio determined that Khalil's continued activities or presence in the United States would “compromise a compelling...foreign policy interest.”
But the court found that Khalil, a lawful permanent resident, successfully demonstrated potential irreparable harm, citing loss of employment, damage to his reputation and deterrence from engaging in speech-related activities due to Rubio's determination.
"The Respondents are preliminarily enjoined from seeking to remove the Petitioner from the United States based on the Secretary of State's determination," US District Judge Michael Farbiarz ruled.
The court also prohibited federal officials from detaining Khalil based on Rubio's assessment.
The court said that Khalil could be detained on the basis of the inaccurate completion of his permanent resident application, "but that argument does not work."
It said lawful permanent residents "are virtually never detained pending removal for the sort of alleged omissions in a lawful permanent resident application that the Petitioner is charged with here."
The preliminary injunction was stayed for approximately 40 hours until 9.30 am (1330GMT) Friday, giving federal authorities time to respond to the ruling
Khalil, a graduate student at Columbia University in New York City, where he led pro-Palestinian protests, was detained by federal immigration agents in the lobby of his university-owned apartment on March 8.