In Big Win, Court Rules Mahmoud Khalil’s Lawsuit Should Move Forward in New Jersey

This Important Decision Comes After ICE Sent Mr. Khalil to a Detention Facility in Louisiana, Almost 1500 Miles Away From His Family 

April 1, 2025, Newark, N.J. – The U.S. District Court for the District of New Jersey ruled that the challenge to ICE’s unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, should continue in New Jersey. This marks the second time the Trump administration has unsuccessfully sought to transfer the case to Louisiana, following the March 19 ruling from Judge Furman of the Southern District of New York that the case should be heard in New Jersey. 

Mr. Khalil’s legal team had argued that if the court allowed this case to play out in Louisiana, this would be rewarding the Trump administration’s unlawful attempt to suppress dissent and manipulate federal court jurisdiction by transferring Mr. Khalil across state lines in the middle of the night. 

Dr. Noor Abdalla, wife of Mahmoud Khalil, said: “I am relieved at the court’s decision today to keep my husband’s ongoing case in New Jersey. This is an important step towards securing Mahmoud’s freedom, but there is still a lot more to be done. As the countdown to our son's birth begins and I inch closer and closer to my due date, I will continue to strongly advocate for Mahmoud’s freedom and for his safe return home so he can be by my side to welcome our first child.” Dr. Abdalla’s full statement is available here

In addition to asking the court to compel Mr. Khalil’s return from Louisiana, as well as seeking bail, his legal team is urging the court to grant a preliminary injunction (PI), which would immediately release him from custody to be reunited with his wife, who is nine months pregnant. If granted, the PI would also block President Trump’s policy of arresting and detaining noncitizens who have engaged in First Amendment protected activity in support of Palestinian rights. As the filings document, the Trump administration's invocation of a vague, rarely used provision of the 1952 Immigration and Nationality Act — the “foreign policy ground” — is retaliation for speech like Mr. Khalil's, which is protected by the First Amendment 

Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, New York University Immigrants’ Rights Clinic, the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, and American Civil Liberties Union (ACLU). 

 

The following are quotes from Mr. Khalil’s legal team:

Baher Azmy, Legal Director of Center for Constitutional Rights:

“We are grateful the court wisely understood that the government cannot try to manipulate the jurisdiction of the United States courts in a transparent attempt to shield their unconstitutional – and frankly chilling – behavior. We look forward to the next phase of this case, which is to get Mahmoud out of detention and into the arms of his family, and then to prove the Trump administration’s attempted deportation of Mahmoud and others is nothing but unconstitutional retaliation for protected speech.” 

Amol Sinha, executive director, ACLU-NJ:

“Mr. Khalil has been unlawfully detained in direct retaliation of his advocacy in support of Palestinian rights. The federal government continues to prolong proceedings despite knowing that targeting a lawful permanent resident over protected speech is indefensible in a court of law. We’re grateful the court has ordered the case to continue in the District of New Jersey, so Mr. Khalil is one step closer to returning to his family.”

Amy Greer, associate attorney at Dratel + Lewis:

“Today we moved one step closer to vindicating Mr. Khalil’s rights by challenging his unlawful detention and the administration’s unconstitutional and retaliatory actions against him.” 

Donna Lieberman, executive director, NYCLU: 

“With this ruling, the Court has rightfully reaffirmed that Mahmoud Khalil’s case belongs in New Jersey — significantly closer to his wife, community, and legal counsel. The Trump administration has attempted to manipulate the judiciary to suppress speech that supports Palestinian rights. While the trauma ICE has inflicted on Mr. Khalil and his nine-months pregnant wife, Dr. Noor Abdalla, is irreparable, this is a step towards bringing him home.”

Ramzi Kassem, co-director, CLEAR: 

“The court's decision today clears the way for what really matters: continuing the legal fight to bring Mahmoud home so he can reunite with Noor and resume his defense of Palestinian rights.”

Brett Max Kaufman, senior staff attorney, ACLU:

“It is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court’s definitive ruling sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release.” 

For all case materials, please see here.

The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.

 

Last modified 

April 1, 2025