A US federal judge on Friday refused to order the immediate release of pro-Palestinian activist Mahmoud Khalil from immigration detention, despite ruling that the initial arrest and continued detention lacked a lawful basis.

Judge Michael E. Farbiarz of the US District Court for the District of New Jersey found that US Immigration and Customs Enforcement (ICE) violated federal law when they arrested Khalil last year without proper legal authority.

Khalil, a lawful permanent resident and Palestinian rights activist, was arrested in 2024 amid increasing federal crackdowns on pro-Palestinian demonstrations. Federal officials sought his removal based on alleged inaccuracies in his immigration paperwork and a determination by US Secretary of State Marco Rubio that Khalil’s continued presence would compromise a compelling foreign policy interest.

While Farbiarz rejected the paperwork-based removal claim, he found the secretary’s determination could not withstand constitutional scrutiny.

In a separate opinion issued earlier this week, the court granted Khalil a preliminary injunction preventing the government from deporting him based on that foreign policy justification. Farbiarz wrote: “The Respondents have not contested the evidence put forward by the Petitioner, and in light of that the Court finds as a matter of fact that the Petitioner’s career and reputation are being damaged and his speech is being chilled—and this adds up to irreparable harm.”

The preliminary injunction bars the government from deporting Khalil on the secretary’s determination and prohibits his detention on that ground.

Despite acknowledging the illegality of the initial arrest, Farbiarz ruled that current immigration statutes did not compel Khalil’s release at this stage.

Khalil’s attorney, Baher Azmy, said on Friday: “We are profoundly disappointed that Mahmoud has to bear any more delay and detention from this historically outrageous government conduct.” The government has not yet commented on the decision. Officials had previously argued Khalil’s detention was justified under existing immigration law.

His case has attracted significant attention from civil rights organizations, who argue that his detention is politically motivated. An expert report submitted by Human Rights Watch warned that Khalil’s detention is having a widespread chilling effect on pro-Palestinian speech within US academic settings. The report highlighted how his arrest created a climate of fear among international students and US citizens, suppressing lawful protests tied to the Gaza conflict.

Khalil remains detained, and his legal team is expected to file further habeas petitions, motions for release on bail, and appeals.