A Palestinian activist accused of making antisemitic statements and leading anti-Israel protests at Columbia University will not be deported from the United States after an immigration judge ruled that the federal government failed to meet its burden of proof.

Immigration Judge Nina Froes determined that the Department of Homeland Security did not provide sufficient admissible evidence to establish that Mohsen Mahdawi was removable, according to court filings. The ruling represents a significant setback for federal authorities who had sought to expel the 34-year-old activist.

Froes concluded that DHS relied in part on a memorandum purportedly signed by Secretary of State Marco Rubio but failed to properly authenticate the document. As a result, the government was unable to “meet its burden of proving removability,” according to Reuters.

Mahdawi’s attorneys disclosed the decision Tuesday in a filing with the U.S. Court of Appeals for the Second Circuit in New York, which has been reviewing an earlier ruling that led to his release from immigration custody in April 2025.

Mahdawi had been detained during a citizenship appointment in Vermont and spent more than two weeks in custody before filing a habeas petition. He was later released on bail. U.S. District Judge Geoffrey Crawford ordered that Mahdawi not be deported or removed from the state pending further proceedings.

The deportation case stemmed in part from Mahdawi’s activism at Columbia University, where he co-founded the Palestinian Student Union following the Oct. 7, 2023, Hamas terrorist attack. He established the group alongside Mahmoud Khalil, who has also drawn scrutiny for his role in campus protests.

Federal authorities also cited allegations dating back to 2015, when Mahdawi was interviewed by the FBI after reportedly making antisemitic remarks at a Vermont gun store and a firearms museum. According to court documents previously cited in media reports, a store owner claimed Mahdawi expressed interest in purchasing firearms, including a sniper rifle and an automatic weapon, and allegedly said he had experience building modified 9mm submachine guns “to kill Jews while he was in Palestine.”

The store owner further alleged that Mahdawi said at a museum in Windsor, “I like to kill Jews.” Mahdawi has denied making antisemitic comments or expressing violent intent.

At the time, a DHS spokesperson said in a statement that “court documents show Mahdawi allegedly told a gun shop owner that he had considerable firearms experience and he ‘used to kill Jews.’” His legal team has countered that federal agents conducted a thorough investigation and found “no evidence” supporting the allegations.

(YWN World Headquarters – NYC)