A federal judge in New Jersey issued an order on Wednesday ruling that the Trump administration’s monthslong effort to deport Columbia University protest leader Mahmoud Khalil was likely unconstitutional — but that his failure to disclose his affiliations with anti-Israel groups raises concerns. 

Judge Michael Farbiarz said in his opinion that the court found that Khalil is unlikely to succeed in his challenge against the claim that he failed to disclose crucial information in his green card application, including former employment by UNRWA and his membership in the campus group Columbia University Apartheid Divest, which has been banned from Instagram for promoting anti-Israel violence.  

Farbiarz also noted that the charges in Khalil’s case are “unprecedented” and likely unconstitutional, stating, “the issue now before the Court has been this: does the Constitution allow the Secretary of State to use Section 1227, as applied through the determination, to try to remove the Petitioner from the United States? The Court’s answer: likely not.” Farbiarz said he will soon issue an order about next steps in the case.

The opinion ruling was a response to an appeal filed by Khalil’s lawyers last month, after the Trump administration presented claims against Khalil, a former graduate student who led last year’s anti-Israel campus protests against the war in Gaza and subsequent student negotiations with university administration.

A memo submitted to the court in Louisiana — where Khalil remains held in an ICE detention facility — signed by Secretary of State Marco Rubio cited the president’s authority to expel noncitizens whose presence in the country could have adverse foreign policy consequences, regardless of whether they have committed a crime. It stated that Khalil’s arrest and planned deportation are based on his “participation in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.” 

“Condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective,” Rubio wrote in the two-page memo.

One day after the memo was submitted, an immigration judge in Louisiana ruled that the government’s argument that Khalil’s presence in the U.S. posed “potentially serious foreign policy consequences” was sufficient to rule he could be removed from the country. Khalil’s lawyers argue that he’s being punished for what they say is protected speech.

Khalil, who grew up in Syria but is of Palestinian descent, first came to the U.S. on a student visa and later married a U.S. citizen and received a green card. He was arrested on March 8 at his university-owned apartment, without being charged with a crime, making him the first high-profile target of the Trump administration’s crackdown on foreign students.  

The prolonged case is a contrast to a Vermont judge’s decision last month ordering the immediate release of Mohsen Mahdawi, another Palestinian student from Columbia who helped organize campus anti-Israel demonstrations, but remained jailed for just two weeks. Mahdawi graduated from Columbia last week.