Mahmoud Khalil freed after 100 days in ICE custody - what this means for free speech

Mahmoud Khalil, a Columbia University pro-Palestinian activist, was freed after 100 days in Immigration and Customs Enforcement (ICE) custody following a federal judge's ruling that his detention was "highly, highly unusual" and politically motivated.

Khalil was arrested in March at Columbia for his pro-Palestinian activism, with the Trump administration citing a memo from Secretary of State Marco Rubio that framed his campus protests as conflicting with U.S. foreign policy interests.

"U.S. District Judge Michael Farbiarz said it would be 'highly, highly unusual' to hold a legal U.S. resident who doesn’t appear to be a flight risk and isn’t accused of violent offenses," highlighting the judge's view that Khalil's detention was an abuse of immigration law.

The case has drawn widespread attention from immigration rights advocates and anti-Israel protesters, who argue the Trump administration is retaliating against Khalil for his political speech and chilling free expression.

Noor Zafar, senior staff attorney with the ACLU, said: "Today’s ruling underscores a vital First Amendment principle: The government cannot abuse immigration law to punish speech it disfavors."

Khalil, a green card holder married to an American citizen, condemned the Trump administration's immigration policies upon release, stating, "If they threaten me with detention, even if they would kill me, I would still speak up for Palestine."

New York Congresswoman Alexandria Ocasio-Cortez also criticized the detention, calling it a violation of First Amendment rights and pledging continued support.

Khalil's release marks a significant moment in the debate over free speech, immigration enforcement, and political dissent in the U.S., raising questions about the limits of government power in punishing activism.

He arrived in New Jersey after release and expressed his intent to continue advocating for Palestinian rights, emphasizing that such speech should be celebrated rather than punished.

"Because Mahmoud Khalil is an advocate for Palestinian human rights, he has been accused baselessly of horrific allegations," Ocasio-Cortez said.

The Trump administration sharply criticized the judge's decision, but the ruling stands as a rebuke to the use of immigration detention as a tool against political speech.

This case underscores ongoing tensions between national security, immigration enforcement, and constitutional protections for free expression.

Mahmoud Khalil, a Columbia University pro-Palestinian activist, was released after 100 days in ICE custody following a federal judge's ruling that his detention was unconstitutional and politically motivated. Advocates say the case highlights concerns over free speech and government retaliation against dissent.