Judge rules Mahmoud Khalil cannot be deported based on Rubio determination

A federal judge ruled Wednesday the federal government cannot deport or detain Columbia University activist Mahmoud Khalil for the foreign policy reasons cited by the Trump administration.

The preliminary injunction — issued by U.S. District Judge Michael Farbiarz of New Jersey — does not go into effect until Friday morning, giving the government a chance to appeal. But it marks a blow to the Trump administration’s push to remove Khalil, a green card holder who was detained by immigration agents in March and is currently being held in Louisiana.

The ruling focuses on Secretary of State Marco Rubio’s determination that Khalil’s “presence or activities would compromise a compelling U.S. foreign policy interest.” Farbiarz had previously said that seeking to deport Khalil for that reason is probably unconstitutional, but had stopped short of issuing an injunction until Wednesday.

Farbiarz said, “the Court finds as a matter of fact that [Khalil’s] career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm.”

CBS News has reached out to the State Department and Justice Department for comment.

This is a breaking story; it will be updated.