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Judge: Trump Admin Can't Hold or Deport Mahmoud Khalil 'On Rubio's Say-So'
"This is the news we've been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen," his wife, Noor Abdalla, said.
Jun 11, 2025
The Trump administration cannot detain or deport former Columbia University student and Palestinian solidarity advocate Mahmoud Khalil over the claim that he poses a threat to U.S. foreign policy, a federal judge ruled on Wednesday.
"The court finds as a matter of fact that [Khalil's] career and reputation are being damaged and his speech is being chilled—and this adds up to irreparable harm," U.S. District Judge Michael Farbiarz of New Jersey wrote in his preliminary injunction.
While judges have ordered the release of other noncitizen student protesters detained by the Trump administration, the ruling marks the first from a federal court to state that the administration cannot deport or detain noncitizens by arguing they pose a threat to foreign policy under the Immigration and Nationality Act, the American Civil Liberties Union (ACLU) of New York said in a statement.
"Today's ruling is a huge win for the Constitution and the rights of citizens and noncitizens alike."
"This is the news we've been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen," Noor Abdalla, Khalil's wife, said in response. "True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has."
Khalil, a green card holder married to a U.S. citizen, has been held in a detention facility in Louisiana since he was seized by Immigration and Customs Enforcement agents from his New York City home in early March, missing the birth of his son. He has not been charged with any crime.
Instead, Secretary of State Marco Rubio argued that Khalil's participation in student Palestine solidarity protests threatened U.S. foreign policy interests, citing Section 1227 of the U.S. Code.
Farbriarz determined late last month that Rubio's argument was "likely" unconstitutional, but stopped short of granting Khalil a preliminary injunction releasing him from detention. Since then, Khalil's legal team filed new evidence detailing the "irreparable harm" he has experienced due to his detention.
"We are relieved that the court documented what was obvious to the world, which is that the government's vindictive and unconstitutional arrest, detention, and attempted deportation of Mahmoud for his Palestinian activism is causing him and his family agonizing personal and professional harm," said Baher Azmy, legal director of the Center for Constitutional Rights—one of the organizations involved in Khalil's defense. "We look forward to his reunion with his wife and newborn son, and for this remarkable, brilliant man to reclaim his life and his reputation."
Brett Max Kaufman, a member of Khalil's legal team and senior counsel in the ACLU's Center for Democracy, said: "Today's ruling is a huge win for the Constitution and the rights of citizens and noncitizens alike. No one should be imprisoned or deported for their political beliefs, and the three months that Mahmoud has spent in detention are an affront to the freedoms that this country is supposed to stand for."
Fellow legal team member Ramzi Kassem, the co-founder and director of CLEAR, said, "This vindicates what Mahmoud has maintained since day one—that the government cannot detain or deport him based on Rubio's say-so."
Nihad Awad, executive director of the Council on American-Islamic Relations, said: "We welcome this ruling as yet another example of our nation's judicial system pushing back against the Trump administration's unconstitutional effort to silence all those who speak out against Israel's genocide in Gaza, and against our government's unconscionable complicity with that genocide. Mahmoud Khalil's unlawful and cruel detention deprived him of his liberty and of being with his wife when she gave birth to their first child. This government's war on First Amendment rights must be challenged by all Americans who value free speech and the Constitution."
Yet while Farbiarz's injunction offers hope to Khalil and his supporters, it does not yet guarantee Khalil's freedom. Farbiarz gave the administration until 9:30 am Friday morning to appeal the ruling, after which time it would take effect.
There is a potential opening for the administration to continue to fight Khalil's release.
As Farbiarz noted, the Trump administration also alleges that Khalil falsified his green card application by omitting his previous work at the Syria Office at the British Embassy in Beirut and with the United Nations Relief and Works Agency for Palestine Refugees. However, the judge argued that it was unlikely that this was the underlying cause for Khalil's detention.
"The evidence is that lawful permanent residents are virtually never detained pending removal for the sort of alleged omissions in a lawful-permanent-resident application that the petitioner is charged with here. And that strongly suggests that it is the secretary of state's determination that drives the petitioner's ongoing detention—not the other charge," Farbiaz wrote in granting the injunction.
Still, The New York Times reported that it was "not clear that [Khalil] would be released on Friday if the government were to argue that those allegations were, in fact, the reason for his detention."
Khalil's legal team and family vowed to keep working for his release.
"Today was the first step to justice, but we will not stop fighting until Mahmoud is home with his wife and child," Dratel & Lewis associate Amy Greer said.
Noor Abdalla concluded, "I will not rest until Mahmoud is free, and hope that he can be with us to experience his first Father's Day at home in New York with Deen in his arms."
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'A Declaration of War': Trump Sends National Guard to LA Over Anti-ICE Protests
"The Trump administration's baseless deployment of the National Guard is plainly retaliation against California, a stronghold for immigrant communities," one advocate said.
Jun 08, 2025
U.S. President Donald Trump deployed 2,000 National Guard members in response to protests against Immigration and Customs Enforcement activity in Los Angeles over the weekend, as Secretary of Defense Pete Hegseth threatened to call in the marines.
The protests kicked off on Friday in opposition to ICE raids of retail establishments around Los Angeles. During Friday's protests David Huerta, president of SEIU California and SEIU-United Service Workers West, was injured and then arrested while observing a raid. His arrest sparked further protests, which carried over into Saturday in response to apparent ICE activity in the nearby city of Paramount.
"The Trump administration's baseless deployment of the National Guard is plainly retaliation against California, a stronghold for immigrant communities, and is akin to a declaration of war on all Californians," Victor Leung, chief legal and advocacy officer at the American Civil Liberties Union (ACLU) Foundation of Southern California, said in a statement.
"They yell 'invasion' at the border—but this is the real one: Trump is seizing control of California's National Guard and forcing 2,000 troops into our streets."
Saturday's most dramatic protest occurred outside a Home Depot in Paramount following rumors of an ICE raid there. However, Paramount Mayor Peggy Lemons told the Los Angeles Times that the ICE agents may instead have been staging at a nearby Department of Homeland Security (DHS) office. There were also rumors of an ICE raid on a meatpacking plant that never occurred.
"We don't know what was happening, or what their target was. To think that there would be no heightening of fear and no consequences from the community doesn't sound like good preparation to me," Lemons said. "Above all, there is no communication and things are done on a whim. And that creates chaos and fear."
According to the LA Times, the Home Depot protests began peacefully until officers lobbed flash-bang grenades and pepper balls at the crowd, after which some individuals responded by throwing rocks and other objects at the ICE cars, and one person drove their vehicle toward the ICE agents.
"Many of the protesters did not appear to engage in these tactics," the LA Times reported.
In another incident, Lindsay Toczylowski, the chief executive of Immigrant Defenders Law Center, wrote on social media that ICE agents threw a tear-gas canister at two of the center's female attorneys after they asked the agents if they could see a warrant and observe their activities.
The U.S. Attorney’s Office for the Central District of California said that over a dozen people were arrested on Saturday for interfering with the work of immigration agents.
The first member of the Trump administration to mention sending in the National Guard was White House border czar Tom Homan, who told Fox News, "We're gonna bring National Guard in tonight and we're gonna continue doing our job. This is about enforcing the law."
Trump then signed a memo Saturday night calling members of the California National Guard into federal service to protect ICE and other government officials.
"To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States," the memo reads in part.
"The only threat to safety today is the masked goon squads that the administration has deployed to terrorize the communities of Los Angeles County."
Instead of using the Insurrection Act, as some had speculated he might, Trump federalized the guard members under the president's Title 10 authority, which allows the president to place the National Guard under federal control given certain conditions, but does not allow those troops to carry out domestic law enforcement activities, which invoking the Insurrection Act would enable.
"On its face, then, the memorandum federalizes 2,000 California National Guard troops for the sole purpose of protecting the relevant DHS personnel against attacks," Georgetown University Law Center professor Steve Vladeck explained in a blog post Saturday. "That's a significant (and, in my view, unnecessary) escalation of events in a context in which no local or state authorities have requested such federal assistance. But by itself, this is not the mass deployment of troops into U.S. cities that had been rumored for some time."
Indeed, several state leaders spoke out against the deployment.
"The federal government is moving to take over the California National Guard and deploy 2,000 soldiers," California Gov. Gavin Newsom wrote on social media Saturday. "That move is purposefully inflammatory and will only escalate tensions. LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need."
"The Guard has been admirably serving LA throughout recovery," he continued, referring to the devastating wildfires that swept the city early this year. "This is the wrong mission and will erode public trust."
Sen. Alex Padilla (D-Calif.) posted on social media that he "couldn't agree more."
"Using the National Guard this way is a completely inappropriate and misguided mission," Padilla said. "The Trump administration is just sowing more chaos and division in our communities."
Rep. Norma Torres (D-Calif.) added, "They yell 'invasion' at the border—but this is the real one: Trump is seizing control of California's National Guard and forcing 2,000 troops into our streets."
While the National Guard's mission is currently limited, Vladeck argued that there were three reasons to be "deeply concerned" about the development. First, troops could still respond to real or perceived threats with violence, escalating the situation; second, escalation may be the desired outcome from the Trump administration, and used as a pretext to invoke the Insurrection Act after all; and third, this could depress the morale of both National Guard members and the civilians they engage with while degrading the relationships between federal, local, and state authorities.
"There is something deeply pernicious about invoking any of these authorities except in circumstances in which their necessity is a matter of consensus beyond the president's political supporters," Vladeck wrote. "The law may well allow President Trump to do what he did Saturday night. But just because something is legal does not mean that it is wise—for the present or future of our Republic."
Leung of the ACLU criticized both the ICE raids and the decision to deploy the Guard.
"Workers in our garment districts or day laborers seeking work outside of Home Depot do not undermine public safety," Leung said. "They are our fathers and mothers and neighbors going about their day and making ends meet. Rather, the only threat to safety today is the masked goon squads that the administration has deployed to terrorize the communities of Los Angeles County."
He continued: "There is no rational reason to deploy the National Guard on Angelenos, who are rightfully outraged by the federal government's attack on our communities and justly exercising their First Amendment right to protest the violent separation of our families. We intend to file suit and hold this administration accountable and to protect our communities from further attacks."
National political leaders also spoke out Sunday morning.
Sen. Chris Murphy (D-Conn.) wrote on social media that it was "important to remember that Trump isn't trying to heal or keep the peace. He is looking to inflame and divide. His movement doesn't believe in democracy or protest—and if they get a chance to end the rule of law they will take it. None of this is on the level."
Sen. Bernie Sanders (I-Vt.) posted that the entire incident was "Trump's authoritarianism in real time."
Meanwhile, Secretary of Defense Pete Hegseth threatened further escalation Saturday night when he tweeted that "if violence continues, active duty Marines at Camp Pendleton will also be mobilized—they are on high alert."
Newsom responded: "The Secretary of Defense is now threatening to deploy active-duty Marines on American soil against its own citizens. This is deranged behavior."
"This is an abuse of power and what dictators do. It's unnecessary and not needed."
Hegseth then doubled down on the threat Sunday morning, replying on social media that it was "deranged" to allow "your city to burn and law enforcement to be attacked."
"The National Guard, and Marines if need be, stand with ICE," he posted.
Journalist Ryan Grim noted that it was an "ominous development" for the secretary of defense to be commenting on immigration policy or local law enforcement at all.
Rep. Nanette Barragán (D-Calif.) said of Trump and Hegseth's escalations: "This is an abuse of power and what dictators do. It's unnecessary and not needed."
Writing on his Truth Social platform early Sunday, Trump praised the National Guard for their work in Los Angeles. Yet local and state leaders pointed out that the Guard had not yet arrived in the city by the time the post was made.
As of Sunday morning, the National Guard had arrived in downtown Los Angeles and Paramount, ABC 7reported.
In the midst of the uproar over Trump's actions, labor groups continued to decry the ICE raids and call for the release of Huerta.
National Nurses United wrote on Friday: "With these raids, the government is sowing intense fear for personal safety among our immigrant and migrant community. Nurses and other union workers oppose this, and are standing up in solidarity with fellow immigrant workers. We refuse to be silent, and people like David Huerta are bravely putting their own bodies on the line to bear witness to what ICE is doing. It's appalling that ICE injured and detained him while he was exercising his First Amendment rights. We demand his immediate release."
AFL-CIO President Liz Shuler and AFL-CIO Secretary-Treasurer Fred Redmond said in a statement Saturday:
The nearly 15 million working people of the AFL-CIO and our affiliated unions demand the immediate release of California Federation of Labor Unions Vice President and SEIU California and SEIU-USWW President David Huerta. As the Trump administration's mass deportation agenda has unnecessarily targeted our hard-working immigrant brothers and sisters, David was exercising his constitutional rights and conducting legal observation of ICE activity in his community. He was doing what he has always done, and what we do in unions: putting solidarity into practice and defending our fellow workers. In response, ICE agents violently arrested him, physically injuring David in the process, and are continuing to detain him—a violation of David's civil liberties and the freedoms this country holds dear. The labor movement stands with David, and we will continue to demand justice for our union brother until he is released.
The unrest in Los Angeles may continue as Barragán toldCNN on Sunday she had been informed that ICE would be present in LA for a month. She argued that the National Guard deployment would only inflame the conflict.
“We haven't asked for the help. We don't need the help. This is [President Trump] escalating it, causing tensions to rise. It's only going to make things worse in a situation where people are already angry over immigration enforcement."
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'Chilling and Unprecedented': Trump Memo Threatens Law Firms That Cross His Administration
"Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession," wrote the national legal director of the American Civil Liberties Union.
Mar 23, 2025
Legal advocacy groups have issued a sharp rebuke to a directive from U.S. President Donald Trump that was unveiled on Friday and which aims to hold "accountable" law firms and lawyers that, according to him, "engage in frivolous, unreasonable, and vexatious litigation against the United States."
"Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity," Trump wrote in a memorandum to U.S. Attorney General Pam Bondi and U.S. Homeland Security Secretary Kristi Noem, which was issued late Friday. Trump directed Bondi to "seek sanctions against attorneys and law firms" who engage in objectionable litigation, and scrutinize litigation against the government stretching back over the past eight years.
The new directive is a widening of Trump's campaign against lawyers and law firms he does not like. Reuters reported Saturday that the Trump administration has been hit with over 100 legal challenges, taking aim at various White House actions.
Multiple legal groups denounced the move, saying they would not be intimidated.
Nancy Northup, president and CEO of the Center for Reproductive Rights, wrote on Sunday that for over 30 years her organization "has stood strong against attacks on reproductive freedom. We have litigated scores of cases in federal courts, including against the U.S. government, regardless of the political party in power."
"We will not back down in the face of the president's intimidation campaign—not while his administration refuses to defend women who are denied emergency abortion care; not while it condones violence at abortion clinics; and not while doctors are under threat of criminal prosecution for providing essential care. Not now and not ever," she continued.
Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), echoed this sentiment in a statement released on Saturday.
"This action by the president of the United States is a chilling and unprecedented attack on the foundations of liberty and democracy. Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession. We will continue to stand up for the people and the rule of law," Wang wrote.
Trump specifically called out lawyers working in the immigration space. "The immigration system... is likewise replete with examples of unscrupulous behavior by attorneys and law firms. For instance, the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims," he wrote.
Kelli Stump, the president of the American Immigration Lawyers Association (AILA), and the group's executive director Ben Johnson, pushed back on Trump's claims.
"The broad assertion that immigration attorneys are acting improperly in their efforts to represent individuals against an increasingly complex and restrictive immigration system is both unfounded and dangerous," they wrote in a statement on Saturday.
The memo also name drops Marc Elias, a prominent attorney who has worked for multiple major Democratic political campaigns.
Skye Perrymen, the CEO and president of the legal group Democracy Forward—where Elias serves as board chair—said in a statement on Saturday that "the ongoing threats to the legal profession and the rule of law by the president are intended to intimidate and inspire fear, but instead they should inspire action."
"The president's increasing targeting of lawyers, the legal profession, and judges is in response to a number of instances where communities across the nation have had to go to federal court to protect their rights from this administration's overreach and where judges nominated by both Republican and Democratic presidents and confirmed by the U.S. Senate have found that the Trump-Vance administration's actions warrant scrutiny and, in many cases, are unlawful," added Perrymen.
Democracy Forward, the ACLU, and AILA have all brought cases challenging Trump administration actions.
The order comes at the end of a rocky week for the field of law. On Thursday, one of the country's top law firms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, brokered a deal with the White House in order to spare the firm from an executive order that suspended security clearances for lawyers and staff.
As part of the deal, according to a post from Trump on social media, the firm "will dedicate the equivalent of $40 million in pro bono legal services over the course of President Trump's term to support the administration's initiatives, including: assisting our nation's veterans, fairness in the justice system, the president's Task Force to Combat Antisemitism, and other mutually agreed projects."
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