U.S. government prosecutors told New Jersey District Judge Michael Farbiarz that they would not be releasing detained Columbia student Mahmoud Khalil today, despite Judge Farbriarz’s determination on Wednesday that detaining Khalil on the basis of Secretary of State Marco Rubio’s claim that he poses a risk to U.S. foreign policy was likely unconstitutional.

The judge gave the Trump administration until today to appeal that finding. Instead, the government said that a second accusation against Khalil, that he misrepresented himself on his visa application, was sufficient ground to keep him in detention. Stunningly, Farbiarz has now sided with the Trump administration.

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