A US federal judge on Friday ordered the federal government to release detained activist Mahmoud Khalil immediately.

Judge Michael Fabiarz of the US District Court for the District of New Jersey said Khalil can return to his home after over three months in detention. Khalil is restricted to New Jersey, New York, Michigan, Washington, DC, and Louisiana. He must also attend all of his immigration hearings, which are in Louisiana. Khalil has been held there since Immigration and Customs Enforcement (ICE) arrested him while cracking down on student protests in New York City in March.

Khalil must also surrender his Algerian passport and cannot leave the country. Fabiarz further ordered the return of Khalil’s green card.

The judge denied the government’s request to stay his decision. He said that the government’s ongoing efforts to detain Khalil were “highly, highly, highly unusual.” He added: “Petitioner is not a flight risk and the evidence presented is that he is not a danger to the community. Period, full stop.”

Farbiarz recently ruled that Khalil would probably win his challenge to his detention on the grounds that he was targeted for his pro-Palestinian activism at Columbia University.

Alina Das, representing Khalil, stated: “No one should fear being jailed for speaking out in this country … We are overjoyed that Mr. Khalil will finally be reunited with his family while we continue to fight his case in court.”

Noor Zafar, also representing Khalil, said: “[T]oday’s ruling underscores a vital First Amendment principle: The government cannot abuse immigration law to punish speech it disfavors.”

Abigail Jackson, a spokesperson for the White House, said the administration would appeal.  She explained: “There is no basis for a local federal judge in New Jersey — who lacks jurisdiction — to order Khalil’s release from a detention facility in Louisiana.  We expect to be vindicated on appeal, and look forward to removing Khalil from the United States.”