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US judge says effort to deport Mahmoud Khalil likely unconstitutional

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US judge says effort to deport Mahmoud Khalil likely unconstitutional

A United States federal judge has said that an effort by the administration of President Donald Trump to deport pro-Palestine student activist Mahmoud Khalil is likely unconstitutional.

District Judge Michael Farbiarz of New Jersey wrote on Wednesday that the government’s claim that Khalil constituted a threat to US national security and foreign policy was not likely to succeed.

“Would an ordinary person have a sense that he could be removed from the United States because he ‘compromise[d]’ American ‘foreign policy interests’ — that is, because he compromised US relations with other countries — when the Secretary has not determined that his actions impacted US relations with a foreign country?” Farbiarz wrote. “Probably not.”

Farbiarz did not immediately rule on the question of whether Khalil’s First Amendment rights to free speech were violated. He also did not order Khalil’s immediate release, citing unanswered questions about his permanent residency application.

The judge is expected to order further steps in the coming days.

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A ruling against the government would be the latest legal setback for the Trump administration’s controversial efforts to crack down on pro-Palestine activism across the US in the name of national security and combating anti-Semitism.

But critics have accused the Trump administration of violating basic constitutional rights in its efforts to do so.

Khalil, a lawful permanent resident of the US, was the first high-profile arrest made in the Trump administration’s push to expel student protesters involved in demonstrations against Israel’s war in Gaza.

A former graduate student, Khalil had served as a spokesperson for the antiwar protests at Columbia University. But on March 8, the 30-year-old was arrested in the hall of his student housing building in New York City, while his wife, Dr Noor Abdalla, filmed the incident.

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He was then transferred from a detention centre in New Jersey to one in Jena, Louisiana, while his lawyers struggled to ascertain his location. He remains imprisoned in the Jena facility while the US government seeks his deportation.

In public statements, Khalil has said that his detention is part of an effort to chill dissent over US support for Israel’s war, which has been described as a genocide by human rights groups and United Nations experts.

Civil liberties organisations have also expressed alarm that Khalil’s detention appears premised on his political views, rather than any criminal acts. Khalil has not been charged with any crime.

In Louisiana, Khalil continues to face an immigration court weighing his deportation. But in a separate case before the US federal court in Newark, New Jersey, Khalil’s lawyers are arguing a habeas corpus petition: in other words, a case that argues their client has been unlawfully detained.

US Secretary of State Marco Rubio, acting on behalf of the Trump administration, has cited the Immigration and Nationality Act of 1952 as the legal basis for Khalil’s detention.

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That Cold War-era law stipulates that the secretary of state can deport a foreign national if that person is deemed to pose “potentially serious adverse foreign policy consequences”.

But that law has been rarely used and raises concerns about conflicts with the First Amendment of the US Constitution, which guarantees the right to free speech regardless of citizenship.

Judge Farbiarz appeared to echo that concern, warning that the Trump administration’s rationale appeared to meet the standards for “constitutional vagueness”.

That, in turn, means Khalil’s petition is “likely to succeed on the merits of his claim” that the government’s actions were unconstitutional, the judge wrote on Wednesday.

Khalil’s legal team applauded the judge’s order, writing in a statement afterwards, “The district court held what we already knew: Secretary Rubio’s weaponization of immigration law to punish Mahmoud and others like him is likely unconstitutional.”

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Khalil is one of several high-profile students whose cases have tested the constitutional bounds of the Trump administration’s actions.

Other international students detained for their involvement in pro-Palestine politics, such as Tufts University student Rumeysa Ozturk and Columbia University student Mohsen Mahdawi, have been released from detention after legal challenges.

But Khalil remains in detention. The government denied a request for Khalil’s temporary release that would have allowed him to witness the birth of his son in April.

It also sought to prevent him from holding his newborn son during visitation sessions at a Louisiana detention centre.

“I am furious at the cruelty and inhumanity of this system that dares to call itself just,” Abdalla, Khalil’s wife, said in a statement.

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She noted that Immigration and Customs Enforcement (ICE) had denied the family “this most basic human right” after she flew more than 1,000 miles to visit him in Louisiana with their newborn son.

A judge blocked those efforts by ICE last week, allowing Khalil to hold his son for the first time more than one month after he was born.

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Denise Powell wins Democratic primary in Nebraska’s ‘blue dot’ 2nd District

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Denise Powell wins Democratic primary in Nebraska’s ‘blue dot’ 2nd District

OMAHA, Neb. (AP) — Denise Powell won the Democratic primary in Nebraska’s 2nd Congressional District on Wednesday in a contest focused on the state’s “blue dot” status in presidential elections.

The Omaha-area district, where Republican U.S. Rep. Don Bacon is retiring, is one of Democrats’ biggest targets this midterm season. It’s also a national focus every four years in presidential contests because Nebraska is one of just two states that splits its electoral votes. The 2nd District has gone to Democratic presidential candidates three out of five times since 2008 — a “blue dot” in an otherwise sea of red.

Powell, a political activist, defeated state Sen. John Cavanaugh and several other candidates in the Democratic primary. She and Cavanaugh were in a tight race that could not be called Tuesday.

Powell will face Brinker Harding, an Omaha City Council member endorsed by President Donald Trump. He ran unopposed in Tuesday’s GOP primary.

“This country and Nebraska are worth fighting for — and I’m ready to spend the next six months working for every vote and sharing my vision for Nebraska so we can finally have a representative in Congress who will serve us,” Powell said in a statement. “It’s time to be brave.”

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Powell led Cavanaugh by 2.1 percentage points, or 1,080 votes, out of more than 51,000 votes counted.

AP called the race after Douglas County election officials said there were only 5,125 outstanding mail-in ballots in the Democratic primary, and a total of 830 provisional ballots from all political parties. Even if all those ballots are counted in the Democratic primary, Cavanaugh would have to win them by about 18 percentage points over Powell to close the gap, a margin he didn’t come close to achieving in any of the five vote updates provided by Douglas County so far. Cavanaugh trailed in all three counties in the district, though Douglas accounted for about 93% of the votes.

The matchup between Powell and Harding is expected to be among this fall’s most competitive House races, as Democrats try to win control of the chamber for the second half of Trump’s term.

The 2nd District is one of just three districts in the country that supported Democrat Kamala Harris for president in 2024 while also electing a Republican representative. Trump won the district in 2016, and the retiring Bacon, who has clashed with Trump, has held the House seat for five terms.

The Nebraska GOP said in a statement Wednesday that Republicans are ready to fight back against a “radical left” that has poured money into the state.

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“The left wants Nebraska, and we are going to make sure they don’t get it,” said NEGOP Chairman Mary Jane Truemper.

Powell, who is Latina, co-founded Women Who Run Nebraska, a political action committee that supports progressive female candidates, and she has a decade of Democratic political activism. She had the backing of EMILY’s List and the Congressional Hispanic Caucus’ campaign operation.

Powell has never held office but said her deep connections have helped her with independents and third-party voters, who make up nearly 30% of the district’s electorate.

Some Democratic critics argued that a Cavanaugh primary victory would have jeopardized the district’s “blue dot” status because he’d be leaving his valuable state legislative seat, making it easier for Republicans in the Nebraska Legislature to change the law that allows the state to split its electoral votes.

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Peoples reported from New York.

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Iran says its small subs deployed to Strait of Hormuz as expert explains threat: ‘Vulnerable to detection’

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Iran says its small subs deployed to Strait of Hormuz as expert explains threat: ‘Vulnerable to detection’

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Iran says it has deployed small submarines to act as an “invisible guardian” of the Strait of Hormuz amid a series of rejected peace deals between Tehran and the U.S., according to reports.

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The deployment claim came as analysts said that although the Iranian Ghadir-class mini-subs could threaten U.S. naval forces, the vessels’ limited range, firepower and endurance would blunt any real strategic impact.

The submarine deployment was highlighted by Bloomberg and first reported by the semi-official Tasnim News Agency.

Rear Admiral Shahram Irani, commander of Iran’s navy, said that his forces deployed its light submarine, referred to as the “dolphins of the Persian Gulf,” according to the Iranian state media outlet.

IRAN TURNS TO PUTIN AS US TALKS COLLAPSE, HORMUZ STANDOFF THREATENS GLOBAL OIL FLOW

Iran claims that it has deployed small submarines to act as an “invisible guardian” of the Strait of Hormuz. (Vahid Reza Alaei / AFP via Getty Images, File)

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It also comes as Tehran seeks to reinforce its control over the strait, now defining it as a far larger zone, Reuters reported.

“Time would be limited, probably a couple of days at the most,” defense analyst Tom Shugart told Fox News Digital about the Iranian vessel deployment.

The retired U.S. Navy submarine warfare officer also said the small diesel-electric submarines face fundamental operational constraints.

IRAN HOLDS WORLD ENERGY HOSTAGE WITH ‘NIGHTMARE’ STRAIT OF HORMUZ SEA MINES, FORMER CENTCOM OFFICIAL WARNS

U.S. Marines aboard USS New Orleans (LPD 18) stand watch in the Arabian Sea during naval blockade operations against Iran. (U.S. Central Command)

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“If they run their diesel engines to snorkel and recharge batteries, that could generate sound that could be detected,” Shugart said.

“Their snorkel mast projecting from the water could be detected by radars on patrol aircraft or helicopters,” Shugart added.

The submarines are said to be designed for shallow waters like the Strait of Hormuz and can operate quietly for limited periods on battery power.

“While they may be able to sit on the bottom for a while and operate somewhat quietly on their batteries for a while, they have no air-independent propulsion system (AIP) like more modern diesel-electric submarines,” Shugart said before adding that they’ll, “eventually have to come up and snorkel. This will make them more vulnerable to detection and destruction.”

INSIDE IRAN’S MILITARY: MISSILES, MILITIAS AND A FORCE BUILT FOR SURVIVAL

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A navy vessel sails in the Strait of Hormuz. (Sahar Al Attar / AFP via Getty Images)

The IRGC Navy is said to be the sole operator of this class of submarine, all of which serve in the Southern Fleet.

“Any remaining Ghadirs, if they exist and are actually deployed, may be able to lay mines and may be able to threaten merchant ships,” Shugart warned.

“But I don’t see them as a serious threat to U.S. Navy warships — and certainly not to U.S. submarines,” he said.

“But I can say for sure that I wouldn’t want to go out on one in the current environment.”

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HORMUZ CHOKE POINT PERSISTS AS IRAN HALTS OIL TRAFFIC DESPITE TRUMP CEASEFIRE

The U.S. Navy confirmed May 10 that a U.S. Navy Ohio-class nuclear-armed submarine had arrived in Gibraltar.

“The port visit demonstrates U.S. capability, flexibility and continuing commitment to its NATO allies,” U.S. Sixth Fleet Public Affairs said in a statement.

“Ohio-class ballistic missile submarines are undetectable launch platforms for submarine-launched ballistic missiles, providing the U.S. with its most survivable leg of the nuclear triad,” it added.

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Meanwhile, Shugart’s remarks came as the Strait of Hormuz remains effectively closed, with commercial tanker traffic largely choked off amid ongoing military activity and the continued U.S. blockade of Iranian ports.

The United Arab Emirates and South Korea reported new strikes on stranded vessels Wednesday, while the IRGC increased its fast-attack craft activity, according to reports.

President Donald Trump has maintained Iran’s navy is “completely obliterated.”

The Pentagon did not immediately respond to Fox News Digital’s request for comment.

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Iran war: Why the BRICS foreign ministers meeting in India matters

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Iran war: Why the BRICS foreign ministers meeting in India matters

India is hosting a meeting of foreign ministers from BRICS nations on May 14-15 in a precursor to the 18th BRICS summit, which New Delhi will host in September. The meeting, which starts on Thursday morning, coincides with United States President Donald Trump’s three-day visit to Beijing for a state visit with Chinese leader Xi Jinping.

Here is more about the foreign ministers’ meeting, who is attending and why it matters.

What is BRICS?

BRICS is a grouping of major emerging economies seeking to coordinate security and economic policy in order to amplify the demands of the Global South at international organisations and on issues where the West has traditionally dominated economically and politically.

The acronym stands for Brazil, Russia, India, China and South Africa. The organisation was called BRIC in its initial form – Brazil, Russia, India and China – when its foreign ministers began meeting in 2006, and when it held its first summit in 2009. It became BRICS when South Africa joined in 2010.

In 2023, BRICS extended invitations to Egypt, Ethiopia, Iran, Saudi Arabia and the United Arab Emirates after these countries applied for membership. Saudi Arabia has yet to formally join, but the others have. An invitation was also extended to Argentina, but was turned down as President Javier Milei, elected in December 2023, had campaigned on the promise of bolstering ties with the West.

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Indonesia joined the group in January 2025, after its membership was approved during the summit in 2023 in Johannesburg.

The group sets priorities and holds discussions at an annual summit, which members take turns hosting. Last year, Brazil hosted the BRICS meeting and, in 2024, Russia hosted the annual meeting. This year, it is India’s turn to host.

This week’s meeting in New Delhi will bring together the foreign ministers of BRICS countries, who are expected to discuss economic cooperation and coordinate their positions on key global issues.

When and where is the BRICS foreign ministers’ meeting?

The BRICS foreign ministers’ meeting, held to prepare for the 18th BRICS summit in September, will take place on Thursday, May 14, and Friday, May 15, in New Delhi, India’s Ministry of External Affairs said on Tuesday.

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On Thursday, foreign ministers are expected to arrive at 10:00am (04:30 GMT), and sessions are expected to take place throughout the day, concluding with a dinner at 7pm (01:30 GMT).

On Friday, one session is expected to take place, starting at 10:00am (04:30 GMT).

All of the meetings except one will take place in Bharat Mandapam, an exhibition hall and convention centre located close to the Supreme Court of India.

On Thursday at 1pm (07:30 GMT), Indian Prime Minister Narendra Modi will join a joint conference call with the visiting leaders from Seva Teerth, a new administrative complex that serves as the official headquarters of the prime minister’s office.

Who is attending the meeting?

Foreign ministers from within and outside the BRICS group are expected to attend the meeting.

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The Russian Foreign Ministry has said that Foreign Minister Sergey Lavrov will attend the meeting. South Africa’s Ronald Lamola and Brazil’s Mauro Vieira are also both attending.

Chinese Foreign Minister Wang Yi will not attend due to Trump’s visit to Beijing. Instead, China will be represented by China’s Ambassador to India Xu Feihong, Indian media has reported.

Iranian Foreign Minister Abbas Araghchi has landed in New Delhi to participate. Indonesia’s Foreign Minister Sugiono also arrived in New Delhi on Wednesday.

It is not clear who will be representing the UAE at the BRICS meeting, even as the US-Israel war on Iran exacerbates tensions between the UAE and Iran.

brics
Russia’s President Vladimir Putin attends an online meeting with South Africa’s President Cyril Ramaphosa and other leaders of BRICS nations, in Sochi, Russia, on September 8, 2025 [File: Sputnik/Vyacheslav Prokofyev/Pool via Reuters]

What’s on the agenda?

The theme of this meeting is “Building for Resilience, Innovation, Cooperation and Sustainability”, according to India’s Foreign Ministry. This will focus on “people-centric and holistic healthcare, with an emphasis on collaboration on pressing health challenges, including communicable and non-communicable diseases”, it added.

However, the ongoing war on Iran is likely to dominate, and discussions will set the agenda for the annual BRICS summit in September, observers say.

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“The Iran war is likely to cast a shadow over both the BRICS summit and the Trump-Xi meeting,” Rafael Loss, a policy fellow for defence, security and technology at the European Council on Foreign Relations (ECFR), told Al Jazeera.

The war on Iran entered its 76th day on Thursday, with diplomatic efforts to end the conflict hanging in the balance.

Iran’s Tasnim news agency reported that, as well as taking part in the main BRICS sessions, Araghchi will hold separate meetings with Indian Foreign Minister Subrahmanyam Jaishankar and other officials attending the meeting.

In April this year, India hosted a BRICS Deputy Foreign Ministers and Special Envoys for the Middle East and North Africa meeting in New Delhi. That gathering ended without a joint statement after Iran and the UAE clashed over how to address the US-Israeli war on Iran, with the UAE also seeing itself as a victim of Iranian aggression.

Since then, tensions between Iran and the UAE have only risen, with Tehran’s war messaging increasingly targeting the UAE.

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Israel’s genocidal war on Gaza is also another point of stress within the bloc. At the April meeting, India – recently an Israeli ally – attempted to soften criticism of Israel’s actions in Gaza, leading to a failure within the bloc to arrive at a consensus on the subject.

“The meeting in India occurs at a difficult time in which the cohesion of the BRICS confronts challenges due to the closer relations of India with the US and Israel, and the conflict in West Asia between Iran and the UAE,” Michael Dunford, emeritus professor at the School of Global Studies at the University of Sussex, UK, told Al Jazeera.

What about Trump’s meeting with Xi at the same time?

Trump landed in China on Wednesday evening and, after a ceremonial welcome, headed straight to his hotel. On Thursday, he will hold bilateral talks with the Chinese president, and will also join President Xi for a working lunch on Friday, before flying back to the US.

“A consequence of the coincidence of Trump’s visit to China with the BRICS foreign ministers’ summit in India is that Wang Yi will not attend, with China represented by its Indian ambassador Xu Feihong,” Dunford said.

ECFR’s Rafael Loss predicted that Trump is likely to try to convince Xi to put pressure on Iran to accommodate US demands to end the naval standoff in the Gulf and open the Strait of Hormuz.

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In the past, he said, China avoided getting involved in protracted international conflict management efforts and instead attempted to “swoop in” to seal deals during the final stages, such as in the Iran-Saudi Arabia normalisation agreement of 2023, which has since collapsed.

“But if the price is right, and with Trump’s short-termism and disregard of traditional US allies, Xi could be persuaded to take a more vocal line vis-a-vis Iran,” Loss said. “Taiwan might end up bearing the brunt.”

How significant is this meeting?

This meeting of foreign ministers also comes amid an energy crisis triggered by the closure of the Strait of Hormuz during the US-Israel war on Iran.

Since early March, Iran has restricted shipping through the strait, a narrow waterway linking Gulf oil producers to the open ocean and through which 20 percent of the world’s oil and liquefied natural gas (LNG) supplies were shipped before the war. Iran has allowed passage by vessels from select countries, but they are required to negotiate transit with the Islamic Revolutionary Guard Corps (IRGC).

Iranian attacks on US assets and oil and gas facilities in the Gulf in the early weeks of the war have also affected energy supplies.

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In April, the US announced a naval blockade on ships entering or leaving Iranian ports, further adding to the disruption of global oil and gas supplies.

This has had a direct impact on several BRICS members. Both India and China rely heavily on Gulf oil shipped through the strait. Saudi Arabia and the UAE both ship oil through the strait. While Brazil, Egypt and South Africa are not as directly reliant on the oil that moves through the strait, they are impacted by rapidly rising fuel prices.

“It is unlikely that the BRICS summit will produce a consensus statement that goes beyond condemning attacks on nations’ sovereignty in general terms as BRICS has opted to do in the past, including on Russia’s war against Ukraine,” ECFR’s Loss said.

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