The rarely used law allows Secretary of State Marco Rubio to declare immigrants deportable—but still entitles Khalil to due process.

The decision offers a venue compromise in the bellwether case, while Khalil's legal team seeks to release him from detention and block his deportation.

A federal judge in New York ordered the case of Columbia University graduate and Palestinian activist Mahmoud Khalil be transferred from New York to New Jersey where his lawyers will continue their legal efforts for his release.

A U.S. judge on Wednesday denied a bid by the Trump administration to dismiss detained Columbia University student Mahmoud Khalil's challenge to the legality of his arrest by immigration agents over his participation in pro-Palestinian protests but moved the case to New Jersey.