DOJ resists anti-Israel activist Mahmoud Khalil’s bid for release or transfer from Louisiana ICE detention, citing legal and capacity issues.

DOJ Fights Transfer and Release of Detained Activist

The Department of Justice has moved to keep anti-Israel activist Mahmoud Khalil detained at a Louisiana immigration facility, opposing his bid for release or transfer to New Jersey. In a filing to a federal judge on Tuesday, government attorneys argued that courts lack authority to overrule the executive branch’s discretion in detaining noncitizens undergoing removal proceedings. "Congress authorized detention of aliens and gave the Executive significant discretion in that regard," they wrote.

Khalil, a lawful permanent resident, was arrested in March outside his Columbia University apartment and faces removal from the U.S. His legal team asked the court to release him on bail or transfer him to an ICE facility in Elizabeth, New Jersey, closer to his family and attorneys. However, DOJ lawyers cited an ICE affidavit stating that the New Jersey facility is currently over capacity, housing 355 detainees—51 more than its limit. "ICE retains discretion to detain Khalil where it so chooses. Additionally, factual considerations counsel against transferring Khalil to Elizabeth. Simply, the facility is over capacity," the filing emphasized.

Khalil’s case has attracted national attention from First Amendment advocates. The controversy began when an immigration judge deemed Khalil removable, referencing a memo from Secretary of State Marco Rubio. The memo asserted that Khalil’s anti-Israel activism on campus contradicted U.S. foreign policy interests, invoking a rarely used section of the Immigration and Nationality Act.

U.S. District Judge Michael Farbiarz, a Biden appointee, denied Khalil’s initial request for release, agreeing with arguments that the government’s reasoning likely violates constitutional protections. However, Farbiarz noted that the Trump administration has cited additional grounds for removal: that Khalil allegedly submitted an incomplete or fraudulent green card application. The administration claims Khalil failed to disclose his involvement with Columbia University Apartheid Divest and omitted prior employment, including work at the United Nations Relief and Works Agency for Palestine Refugees in 2023.

According to the Department of Homeland Security, Khalil "procured his legal status through ‘fraud or by willfully misrepresenting a material fact,’" raising further questions about his eligibility to remain in the U.S.

Khalil, who was born in Syria and holds Algerian citizenship, continues to contest his removal in federal court. The DOJ’s recent filing signals a firm stance on the executive branch’s authority over immigration detention and highlights the logistical constraints affecting transfer requests amid facility overcrowding. As legal proceedings move forward, the case remains closely watched for its implications on free speech rights and immigration enforcement in the United States.