Mahmoud Khalil permitted to hold newborn son for the first time despite objections from government
Detained Palestinian activist Mahmoud Khalil was allowed to hold his one-month-old son for the first time Thursday after a federal judge blocked the Trump administration鈥檚 efforts to keep the father and infant separated by a plexiglass barrier.
Video above: Attorneys for Mahmoud Khalil release video of his arrest
The visit came ahead of a scheduled immigration hearing for Khalil, a legal permanent resident and Columbia University graduate who has been detained in a Louisiana jail since March 8.
He was the first person to be arrested under President Donald Trump鈥檚 promised crackdown on protesters against the war in Gaza and is one of the few who has remained in custody as his case winds its way through both immigration and federal court.
His request to attend his son's April 21 birth was denied last month by U.S. Immigration and Customs Enforcement.
The question of whether Khalil would be permitted to hold his newborn child or forced to meet him through a barrier had sparked days of legal fighting, triggering claims by Khalil鈥檚 attorneys that he is being subject to political retaliation by the government.
On Wednesday night, a federal judge in New Jersey, Michael Farbiarz, intervened, allowing the meeting to go forward Thursday morning, according to Khalil's attorneys.
The judge's order came after federal officials said this week they would oppose his attorney鈥檚 effort to secure what鈥檚 known as 鈥渃ontact visit鈥� between Khalil, his wife Noor Abdalla and their son Deen.
Instead, they said Khalil could be allowed a 鈥渘on-contact鈥� visit, meaning he would be separated from his wife and son by a plastic divider and not allowed to touch them.
鈥淕ranting Khalil this relief of family visitation would effectively grant him a privilege that no other detainee receives,鈥� Justice Department officials wrote in a court filing on Wednesday. 鈥淎llowing Dr. Abdalla and a newborn to attend a legal meeting would turn a legal visitation into a family one.鈥�
Brian Acuna, acting director of the ICE field office in New Orleans, said in an accompanying affidavit that it would be 鈥渦nsafe to allow Mr. Khalil鈥檚 wife and newborn child into a secured part of the facility.鈥�
In their own legal filings, Khalil鈥檚 attorneys described the government鈥檚 refusal to grant the visit as 鈥渇urther evidence of the retaliatory motive behind Mr. Khalil鈥檚 arrest and faraway detention,鈥� adding that his wife and son were 鈥渢he farthest thing from a security risk.鈥�
They noted that Abdalla had traveled nearly 1,500 miles (2,400 kilometers) to the remote detention center in hopes of introducing their son to his father.
鈥淭his is not just heartless,鈥� Abdalla said of the government's position. 鈥淚t is deliberate violence, the calculated cruelty of a government that tears families apart without remorse. And I cannot ignore the echoes of this pain in the stories of Palestinian families, torn apart by Israeli military prisons and bombs, denied dignity, denied life.鈥�
Farbiarz is currently considering Khalil's petition for release as he appeals a Louisiana immigration judge's ruling that he can be deported from the country.
Federal authorities have not accused Khalil of a crime, but have sought to deport him on the basis that his prominent role in protests against Israel鈥檚 war in Gaza may have undermined U.S. foreign policy interests.
Khalil is scheduled to appear before that immigration judge, Jamee Comans, for a routine hearing on Thursday. Attorneys for Khalil said it was unclear whether the baby would be permitted to attend the hearing.