A federal judge says he’ll order Palestinian activist Mahmoud Khalil released from immigration detention.

Judge Michael Farbiarz made the ruling from the bench in federal court in New Jersey on Friday. Lawyers for the Columbia graduate had asked a federal judge to immediately release him on bail from a Louisiana jail, or else transfer him to New Jersey, where he can be closer to his wife and newborn son.

Khalil was the first arrest under President Donald Trump’s crackdown on students who joined campus protests against Israel’s devastating war in Gaza. U.S. Secretary of State Marco Rubio has said Khalil must be expelled from the country because his continued presence could harm American foreign policy.