The Department of Homeland Security lost its deportation case against an anti-Israel activist who led protests at Columbia University after a judge threw it out, citing flawed evidence. Lawyers for Mohsen Mahdawi said the immigration judge ruled on Feb. 11 that there was not enough evidence to support the case and that a memo signed by U.S. Secretary of State Marco Rubio was inadmissible as evidence because it hadn’t been verified correctly.

Nina Froes, the judge, threw out the case mostly because of the problem with the evidence, according to several reports. While this represents a defeat for the administration, it still has two options: refile the case or appeal.

“It is a privilege to be granted a visa or green card to live and study in the United States of America,” a DHS spokesperson said in an interview with JNS. “When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, that privilege should be revoked, and you should not be in this country. No activist judge, not this one or any other, is going to stop us from doing that.”

While at Columbia, Mahdawi had acted as co-president of the school’s chapter of the pro-Hamas organization Students for Justice in Palestine. DHS accused him of participating in major campus disruptions and making public threats, calling him the “ringleader” of the “Columbia University riots.” The department also said that he told a gun store owner that he used to “kill Jews while he was in Palestine” and that “I like to kill Jews.” Mahdawi’s lawyers denied the accusations.

In April 2025, authorities nabbed him in Vermont while he was being interviewed as part of his process to apply for U.S. citizenship. At the time, a judge ordered his release from custody while his case was pending.

Mahdawi reacted to the ruling on Tuesday by saying that it shows that constitutional protections still hold even during contentious times. “In a climate where dissent is increasingly met with intimidation and detention, today’s ruling renews hope that due process still applies and that no agency stands above the Constitution,” he said.