A U.S. Immigration judge ruled that the Trump administration cannot deport Mohsen Mahdawi, a key organizer of pro-Palestinian protests at Columbia University, his attorneys said Tuesday.
In the ruling, judge Nina Froes said the administration failed to certify a memo that it had hoped to use as evidence in its case to remove Mahdawi from the U.S. The document was signed by Secretary of State Marco Rubio.
The judge said that the administration "sought to establish removability by way of a photocopy of a document," adding that the filing is relevant to the case, but "it is not admissible as it lacked proper authentication."
In the memo, Rubio alleged that Mahdawi's "presence and activities in the United States would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest."
The Trump administration has used similar reasoning to try to deport other foreign students, who were active in the pro-Palestinian protests at college campuses or who were critical of Israel.
As a result of the error, Mahdawi's removal proceedings were terminated last week, the immigration judge said.
"I am grateful to the court for honoring the rule of law and holding the line against the government’s attempts to trample on due process," said Mahdawi. "This decision is an important step towards upholding what fear tried to destroy: the right to speak for peace and justice."
The immigration court ruling was filed by Mahdawi's attorneys in the 2nd U.S. Circuit Court of Appeals in New York City, where he is challenging his arrest and detention, which remains ongoing.
Mahdawi, a U.S. permanent resident born and raised in a refugee camp in the West Bank, was detained last year during his naturalization interview in Vermont as part of the administration's crackdown on pro-Palestine protests on college campuses.
Still, the federal government could appeal the immigration judge's decision, however, it remains unclear whether they intend to do so.
In a statement to NBC News, a DHS spokesperson said, "It is a privilege to be granted a visa or green card to live and study in the United States of America."
The spokesperson added, "No activist judge, not this one or any other, is going to stop us from doing that."
