Fact Check: Judge Michael Farbiarz ruled the government could not deport or detain Khalil based on Secretary of State Marco Rubio’s determination that he poses a threat to U.S. foreign policy interests.

Fact Check: "Judge Michael Farbiarz ruled the government could not deport or detain Khalil based on Secretary of State Marco Rubio’s determination that he poses a threat to U.S. foreign policy interests."

What We Know

On June 11, 2025, Judge Michael Farbiarz ruled that Mahmoud Khalil could not be deported or detained based solely on Secretary of State Marco Rubio's assertion that Khalil's presence in the U.S. "would compromise a compelling US foreign policy interest" (source-1). The ruling came after Khalil's legal team argued that his detention was unconstitutional and retaliatory due to his pro-Palestinian activism (source-2). Judge Farbiarz acknowledged that while the government had other reasons for Khalil's detention, including claims of inaccuracies in his immigration application, the primary basis for his detention was the Secretary of State's determination (source-3).

The judge emphasized that Khalil's ongoing detention was likely unconstitutional and that he expected Khalil to prevail in his legal challenge (source-4). Furthermore, the ruling indicated that lawful permanent residents are rarely detained for the types of omissions alleged against Khalil in his immigration application (source-5).

Analysis

The claim that Judge Farbiarz ruled against the government's ability to deport or detain Khalil based on Rubio's assessment is substantiated by multiple sources. The judge's ruling explicitly stated that the government could not continue to detain Khalil under the rationale provided by Secretary Rubio (source-6). This ruling reflects a critical legal interpretation regarding the limits of executive power in immigration enforcement, particularly when it intersects with First Amendment rights and the potential for retaliatory actions against individuals based on their political beliefs.

The sources used in this analysis are credible, including major news outlets like BBC, NPR, and The New York Times, which have a history of reliable reporting. The information is consistent across these sources, reinforcing the validity of the claim. There is no significant counter-evidence presented that contradicts the judge's ruling or the interpretation of his statements.

Conclusion

Verdict: True
The claim that Judge Michael Farbiarz ruled the government could not deport or detain Khalil based on Secretary of State Marco Rubio’s determination that he poses a threat to U.S. foreign policy interests is accurate. The judge's ruling clearly articulated that the government's rationale was insufficient for continued detention, highlighting the constitutional implications of such actions against Khalil.

Sources

1. US judge denies Mahmoud Khalil's release
2. Federal judge says he could release Mahmoud Khalil as ...
3. Judge Opens Door to Releasing Mahmoud Khalil as Soon ...
4. Judge denies Palestinian activist Mahmoud Khalil's request ...
5. Judge allows Trump administration to continue to detain ...
6. Mahmoud Khalil: Palestinian activist can remain in ...
7. Judge Rules Government Can't Detain Mahmoud Khalil ...
8. Mahmoud Khalil's arrest was based on unconstitutionally ...