Fact Check: The detention and attempted deportation of Mahmoud Khalil is unconstitutional

Fact Check: "The detention and attempted deportation of Mahmoud Khalil is unconstitutional"

What We Know

Mahmoud Khalil, a student activist and lawful permanent resident, was detained by U.S. Immigration and Customs Enforcement (ICE) in March 2025. The government is seeking to deport him based on allegations that he failed to disclose certain associations when applying for his green card and that his presence in the U.S. allegedly facilitates antisemitism (Washington Post, New York Times). A federal judge, Michael Farbiarz, has ruled that Khalil is likely to prevail in his argument that his detention is unconstitutional, particularly regarding the government's use of foreign policy grounds for his deportation (NPR, ACLU). However, the judge declined to issue a preliminary injunction for Khalil's release, stating that further evidence is required to substantiate his claims (New York Times, ABC News).

Analysis

The claim that Khalil's detention is unconstitutional is supported by the ruling of Judge Farbiarz, who indicated that the legal grounds used for his detention were likely unconstitutional. The judge noted that the foreign policy law invoked by Secretary of State Marco Rubio was "unconstitutionally vague" as applied to Khalil (New York Times). This suggests that the legal framework being used to justify Khalil's deportation may not align with constitutional protections, particularly regarding free speech and due process (Washington Post, ACLU).

However, the judge also pointed out that Khalil's defense did not sufficiently argue against the allegations concerning his failure to disclose certain associations, which complicates the overall narrative of his case (New York Times). This indicates that while there are strong arguments regarding the unconstitutionality of the detention based on free speech, there are also legitimate legal questions that remain unresolved.

The sources used in this analysis are generally credible, including major news outlets like the Washington Post and New York Times, as well as legal organizations like the ACLU (ACLU). However, it is essential to recognize that the situation is ongoing, and further developments could alter the legal landscape surrounding Khalil's case.

Conclusion

The claim that "the detention and attempted deportation of Mahmoud Khalil is unconstitutional" is Partially True. While there is significant judicial support for the argument that the grounds for his detention are likely unconstitutional, the case is still unfolding, and there are additional allegations that complicate the situation. The legal proceedings will ultimately determine the final verdict on the constitutionality of Khalil's detention.

Fact Check: The detention and attempted deportation of Mahmoud Khalil is unconstitutional