A federal judge has ruled that the government cannot deport and must release Mahmoud Khalil, the student whom the Trump administration jailed over his participation in pro-Palestinian demonstrations at Columbia University.

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.

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