The block on detaining green card holder Mahmoud Khalil was revoked by the same judge that initially ordered it. The NJ judge explained that the order was unnecessary due to multiple avenues Khalil could pursue for his release. The decision came after the government issued an appeal against the initial injunction on June 13, 2023.

The Columbia graduate student was detained on foreign policy grounds and for failing to disclose his employment history on his green card application. The court order only barred his continued detainment on foreign policy grounds. The U.S. Department of Justice (DOJ) stated that Immigration and Customs Enforcement (ICE) agents could still hold Khalil legally.

Khalil omitted his employment under the Syria office of the British Embassy in Lebanon from the application. He also didn’t disclose that he served as a political affairs officer for the United Nations Relief and Works Agency for Palestinian Refugees. The judge ruled that detaining Khalil on these grounds was lawful.

The court order came from a habeas corpus bid Khalil filed, stating detaining a green card holder is unconstitutional. The bid only mentioned the foreign policy grounds but not the application omissions. This exclusion means immigration authorities can keep holding Khalil.

The initial court order was the first time a U.S. judge declared noncitizens couldn’t be detained on foreign policy grounds alone. It’s uncertain whether this precedent will stick given the new evidence against Khalil. It’s also uncertain if Khalil’s green card status is invalid now.

As always, ImmigrationUSA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.