BY Benjamin ClarkJune 21, 2025
3 weeks ago
BY 
 | June 21, 2025
3 weeks ago

Federal judge orders release of anti-Israel activist from ICE detention

A federal judge has sprung Mahmoud Khalil, an anti-Israel activist, from ICE’s grip, raising eyebrows about immigration enforcement under Biden’s watch. U.S. District Judge Michael E. Farbiarz, a Biden appointee, ruled that Khalil, a green-card holder, isn’t a flight risk and might be facing unconstitutional punishment through immigration proceedings, as Breitbart reports. The decision flips a prior ruling by the same judge, leaving conservatives wondering if the system’s gone soft.

Khalil, who led anti-Israel protests at Columbia University, was arrested by ICE in March. The federal judge’s order mandates his release from custody at some point on Friday. This ruling comes amid President Trump’s push to crack down on campus antisemitism and tighten immigration vetting.

In January, Trump issued an executive order directing top officials to ramp up the screening of aliens in the U.S. or seeking entry.

The order aims to shield citizens from those who might threaten national security or exploit immigration laws. It’s a policy that Khalil’s release seems to sidestep, much to the frustration of law-and-order advocates.

Judge’s ruling sparks controversy

Judge Farbiarz previously denied Khalil’s release, noting he “did not put forward factual evidence” to challenge his detention.

Back then, the judge pointed out Khalil’s weak legal arguments over claims he omitted info on his green card application. That was a Friday ruling, too, making this week’s about-face all the more jarring.

“Something to the underlying claim that there is an effort to use immigration proceedings here to punish the petitioner,” Farbiarz said. He called such a move “unconstitutional,” suggesting ICE might be playing hardball with Khalil’s activism. But isn’t detention for green card discrepancies standard procedure, not punishment?

Khalil’s arrest came as Trump’s administration zeroed in on antisemitism at universities. ICE agents nabbed him in March, likely under the broader vetting push. The timing suggests Khalil’s protests made him a target, though the feds would argue it’s about immigration compliance, not politics.

Trump’s executive order ignored?

Trump’s executive order, issued in January, doesn’t mince words. “It is the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes,” it states. Khalil’s release feels like a judicial middle finger to that directive.

The order tasked heavyweights like Secretary of State Marco Rubio and DHS Secretary Kristi Noem with ensuring robust vetting.

It called for identifying “all resources” to screen aliens thoroughly. Yet here’s Khalil, a high-profile activist, walking free despite questions about his green card application.

Farbiarz’s ruling hinges on Khalil not being a flight risk. But conservatives might ask: If leading disruptive protests doesn’t raise red flags, what does? The judge’s logic seems to prioritize Khalil’s rights over the broader security concerns that Trump’s order emphasizes.

Immigration enforcement under scrutiny

Khalil’s case isn’t just about one activist; it’s a flashpoint in the immigration debate. Trump’s team has pushed for stricter controls, especially for those tied to controversial causes. Releasing Khalil risks sending a signal that activism can shield you from scrutiny, a notion that grates on MAGA sensibilities.

The judge’s earlier denial of Khalil’s release showed a tougher stance. Farbiarz had criticized Khalil for failing to make “meaningful legal arguments.” So what changed? Did new evidence emerge, or is this a softer touch from a Biden-appointed judge?

“Did not put forward factual evidence as to why it might be unlawful to detain him,” Farbiarz said in his prior ruling. That clarity makes his reversal puzzling. It’s hard not to wonder if political pressure or a progressive lean swayed the bench.

Conservative frustration grows

Trump’s executive order was a rallying cry for those fed up with lax immigration policies. It promised to keep Americans safe from “hateful ideology” and immigration loopholes. Khalil’s release feels like a step backward, emboldening activists who skirt the rules.

Conservatives see a double standard: ordinary Americans face red tape, while activists like Khalil seem to get a pass. The judge’s concern about “unconstitutional” punishment sounds noble but ignores the practical need for enforcement. Isn’t the point of vetting to catch discrepancies before they become threats?

Khalil’s release may be a legal win, but it’s a policy loss for those who back Trump’s vision. As ICE’s grip loosens, the question lingers: Will the system hold firm against those who test its limits? For now, Khalil walks free, and the MAGA crowd isn’t cheering.

Written by: Benjamin Clark

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