A judge for the US District Court for the District of New Jersey held Wednesday that the law used to deport Columbia University student Mahmoud Khalil may be unconstitutionally vague. However, the court also found that the vagueness of the law as applied does not entitle Khalil to a preliminary injunction. The judge believes Khalil may succeed on the merits of his claim. Thus, the court will allow time for Khalil to support his claim on the record and permit the government sufficient time to weigh in afterward.

Proceedings concerning Mahmoud Khalil began in March. The Syrian-born citizen of Algeria was detained by US Immigration and Customs Enforcement after his permanent residence and student visa status were revoked for foreign policy concerns. According to Secretary of State Marco Rubio, Khalil participated in a series of political demonstrations at Columbia University that endangered students, damaged property, and peppered public discourse with anti-Semitic rhetoric in support of terrorists—actions that run afoul of US foreign-policy interests, Rubio maintains.

Khalil’s counsel and supporters argue that his demonstrations are protected under the First Amendment. Khalil is still being held at a Louisiana federal detention facility. In April, a federal judge ruled that Khalil is removable under the Immigration and Nationality Act. However, other challenges on Khalil’s behalf are underway, including this case in New Jersey and another in New York.