Khalil, a legal permanent US resident who is married to a US citizen and has a US-born son, has been in custody since March facing potential deportation.
“After more than three months, we can finally breathe a sigh of relief and know that Mahmoud is on his way home,“ his wife, Michigan-born dentist Noor Abdalla, said in a statement.
Amol Sinha, executive director of the American Civil Liberties Union of New Jersey, which is among the groups representing Khalil, welcomed the release order.
Since his March 8 arrest by Immigration and Customs Enforcement agents, Khalil has become a symbol of President Donald Trump’s campaign to stifle pro-Palestinian student activism against the Gaza war, in the name of curbing anti-Semitism.
Following his arrest, US authorities transferred Khalil, who was born in Syria to Palestinian parents, nearly 2,000 kilometers (1,242 miles) from his home in New York to a detention center in Louisiana, pending deportation.
Rubio argues that US constitutional protections of free speech do not apply to foreigners and that he alone can make decisions without judicial review.
Farbiarz ruled last week that the government could not detain or deport Khalil based on Rubio’s assertions that his presence on US soil poses a national security threat.
The government has also alleged as grounds to detain and deport Khalil that there were inaccuracies in his application for permanent residency.
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