A judge ruled earlier this week that the foreign policy grounds for Khalil’s detention are insufficient and likely unconstitutional.
The Trump administration does not plan on releasing pro-Palestinian activist Mahmoud Khalil despite a federal judge’s ruling this week that he cannot be deported or detained based on a determination from Secretary of State Marco Rubio that he is a threat to national security.
In a letter filed Friday afternoon, Justice Department officials argued that while Khalil can’t be detained based on Rubio’s determination, according to the judge’s ruling, he can be detained for other reasons. The officials cited immigration-related statutes.
“The Court instead enjoined Respondents from detaining Khalil ‘based on the Secretary of State’s determination,’’ DOJ officials said in the letter. “That injunction does not interfere with Respondents’ authority to detain Khalil on other grounds.”
Brett Max Kaufman, a senior staff attorney for the American Civil Liberties Union, which represents Khalil, said that the move is an attempt from the Trump administration to “delay justice for Mahmoud.”
“The government practically never holds people in detention on a charge like this, and it’s clear that the government is doing anything they can to punish Mahmoud for his speech about Palestine," Kaufman said. "We will not stop until he’s home with his family.”
You are seriously misrepresenting the content of this article with that title change.
The judge has ruled that while the specific foreign policy argument for detaining him does not pass legal scrutiny, the government is still within their rights to hold him for other reasons.
That doesn’t mean his detention is just and fair; it means that his lawyers have more work to do. But the government gets to keep him in detention in the meantime. That sucks, but it doesn’t mean that the Trump administration is openly defying the court, which is what this title change is claiming.
that was the title when I submitted it
You can update the title of your post to reflect the updated title of the article. One of the distinct advantages of Lemmy.
Fair enough, not your fault, but I want to strongly recommend that you update. As I stated in my previous comment, the title at the time that you posted seriously misrepresents the character and nature of the events being described. People are absolutely right to be aware the Trump is making moves to defy the judiciary, and that’s a five alarm fire if he’s doing it, but it’s precisely because of how serious those moves are that it’s really important not to cry wolf about them, even unintentionally.