A federal judge in New Jersey ruled Wednesday that the Trump administration cannot continue detaining Mahmoud Khalil, a Columbia University graduate and pro-Palestinian activist, based solely on Secretary of State Marco Rubio’s determination that Khalil’s presence threatens U.S. foreign policy.

U.S. District Judge Michael Farbiarz, an appointee of former President Joe Biden, ordered that Khalil must be released unless the government provides an alternate legal basis for his detention — but stayed the order until Monday morning to give the administration time to appeal.