Despite some recent advances in his case against the Trump administration, Mahmoud Khalil remains confined for opposing genocide in Gaza — an imprisonment that makes a mockery of the First Amendment.

The Trump administration’s McCarthyite deportation drive hit another roadblock on May 28. US district judge Michael E. Farbiarz found that a provision of the Immigration and Nationality Act, granting the secretary of state the power to expel noncitizens if the secretary determines they pose adverse consequences for US foreign policy, was likely unconstitutional when applied to Mahmoud Khalil. The once-obscure Cold War–era law has taken center stage as Secretary of State Marco Rubio has invoked it to retaliate against critics of Israel’s genocide in Gaza.

The ruling came as Judge Farbiarz wei

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