Palestinian activist accused of expressing desire to ‘kill Jews’ wins deportation case

A Palestinian activist accused of making antisemitic statements and leading anti-Israel protests at Columbia University will not be deported from the U.S., an immigration judge has ruled, according to reports.

Judge Nina Froes determined on Feb. 13 that the Department of Homeland Security (DHS) did not provide sufficient admissible evidence to establish that Mohsen Mahdawi was removable, Reuters reported.

Froes said DHS relied in part on a memorandum purportedly signed by Secretary of State Marco Rubio but failed to authenticate the document.

As a result, the government was unable to “meet its burden of proving removability,” according to Reuters.

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

Mahdawi, 34, had been detained at that point during a citizenship appointment in Vermont and spent more than two weeks in custody. He was later released on bail after filing a habeas petition.

A federal judge ordered that he not be deported or removed from the state and was released under an order issued by U.S. District Judge Geoffrey Crawford in Burlington.

According to the 2025 court filing, Mahdawi co-founded the Palestinian Student Union at Columbia after the Oct. 7, 2023, Hamas terrorist attack. He founded the group with Mahmoud Khalil.

Mahdawi’s deportation case also stems in part from allegations dating back to 2015, when he was interviewed by the FBI after reportedly making antisemitic remarks at a Vermont gun store and a firearms museum.

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Mohsen Mahdawi, accused of antisemitic statements and leading Columbia University protests, wins deportation case after judge finds evidence insufficient. (REUTERS/Ryan Murphy)

According to court documents previously cited by Fox News Digital, the store owner said Mahdawi expressed interest in purchasing firearms, including a sniper rifle and an automatic weapon.

The owner claimed he had experience building modified 9mm submachine guns “to kill Jews while he was in Palestine.”

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

At the time, Department of Homeland Security spokesperson, Trish McLaughlin said in a statement, “As the media works overtime to glorify a ringleader of the Columbia pro-terrorist riots, court documents show Mahdawi allegedly told a gun shop owner that he had considerable firearms experience and he ‘used to kill Jews’.”

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Columbia University graduate student Mahmoud Khalil attends a rally to welcome him home after being released from immigration custody, outside the Cathedral of St. John the Divine in New York City, U.S., June 22, 2025. REUTERS/Angelina Katsanis (REUTERS/Angelina Katsanis)

Mahdawi’s defense team has said federal agents conducted a thorough investigation and found “no evidence” supporting the allegations.

In a statement Tuesday, Mahdawi said he was grateful for the court’s ruling.

“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,” he said.

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“This decision is an important step towards upholding what fear tried to destroy: the right to speak for peace and justice. Nearly a year ago, I was detained at my citizenship interview not for breaking the law but for speaking against the genocide of Palestinians,” Mahdawi added.

Fox News Digital has reached out to the Department of Homeland Security for comment.