Judge says Columbia activist Mahmoud Khalil can't be detained

Columbia University alumnus Mahmoud Khalil cannot be detained nor deported from the U.S. based on evidence provided by the Trump administration, a federal judge ruled Wednesday.The big picture: It's a setback for the administration in the case of a legal U.S. resident that marks a historic test of immigrants' speech rights.What we're watching: Judge Michael Farbiarz said in his order that the ruling would not immediately take effect, given the administration has until 9:30am Friday to respond.Driving the news: The detention of Khalil, a leader in Columbia's pro-Palestinian protests and a U.S. green card holder from Syria, triggered nationwide protests. Zoom in: The administration has argued it can remove noncitizens whose presence in the U.S. would "compromise a compelling U.S. foreign policy interest," pointing to a determination by Secretary of State Marco Rubio.Rubio in a two-page memo cited as evidence what he described as Khalil's roles in "anti-Semitic protests and disruptive activities."An immigration court judge had earlier found the administration's argument that Khalil's presence in the U.S. posed threats to U.S. foreign policy was "facially reasonable."What they're saying: Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression (FIRE), said in a statement that Wednesday's court's ruling confirms "Khalil was targeted not for his actions, but for his opinions."The "idea that a college student's peaceful participation in pro-Palestinian protests could seriously compromise U.S. foreign policy was always far-fetched," said Terr, whose foundation does not represent Khalil but has filed an amicus brief in support of his case.The other side: White House spokesperson Abigail Jackson alleged in a Wednesday statement that Khalil was "given the privilege of coming to America to study on a student visa he obtained by fraud and misrepresentation."The law "authorizes the Secretary of State to revoke green cards of individuals who pose a threat to American foreign-policy interests," she added in the email that claimed he had harassed Jewish students and pointed to his role in the campus protests."The district court order, entered without jurisdiction, will not be the final word."Department of Homeland Security assistant secretary Tricia McLaughlin said Wednesday evening that the ruling "delays justice" and seeks to undermine the president's powers. "It is a privilege to be granted a visa or green card to live and study in the United States of America," McLaughlin said in an emailed statement that emphasized the administration's foreign policy argument. "We expect a higher court to vindicate us in this. We have the Constitution, the facts, and common sense on our side."Representatives for the State Department did not immediately respond to Axios' request for comment on Wednesday evening.Editor's note: This article has been updated with new details throughout.

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