Khalil has been detained since he was arrested in March. The government has argued that the secretary of state can “personally determine” whether he should remain in the country.

Attorneys for the Palestinian activist Mahmoud Khalil have asked a federal judge to immediately release him on bail, or else transfer him to New Jersey, where he can be closer to his wife and newborn son.

N.J. Federal Judge Michael Farbiarz said Khalil could not be held and kicked out of the country based on Secretary of State Marco Rubio’s determination that his political beliefs advocating for