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.”