A federal appeals court has overturned a previous ruling that permitted Mahmoud Khalil, a former Columbia University graduate student, to be released from immigration custody. Khalil had earlier been granted release by a New Jersey federal judge, who had questioned the constitutionality of the deportation grounds under the Trump administration. In a 2-1 decision, the 3rd U.S. Circuit Court of Appeals ruled that the lower court did not have jurisdiction to order Khalil’s release at this point in the proceedings, as per Spectrum News.
The appeals panel did not address whether the efforts to deport Khalil based on his activism were unconstitutional, but the ruling could permit his re-detainment and potential deportation. The court stated that petitioners should pursue challenges within the immigration court system, according to Spectrum News. Khalil’s legal team may consider appealing to the full circuit or the U.S. Supreme Court. His legal options remain available, despite what his lawyer, Baher Azmy, described as a “hypertechnical jurisdictional matter” underlying the panel’s decision.
The case has drawn attention for its potential implications for the rights of noncitizens to engage in protest. Khalil was detained on March 8, 2025, and spent three months in a Louisiana immigration facility, during which he missed the birth of his child. Federal authorities have accused him of participating in activities linked to Hamas and of providing incomplete information on his green card application, though no criminal charges have been filed. The Trump administration cited a statute allowing the removal of noncitizens whose beliefs could conflict with U.S. foreign policy interests as the basis for his detention.
The dissenting judge, Arianna Freeman, appointed by President Joe Biden, expressed concern that the majority applied an incorrect standard to Khalil’s case. She noted that the district court is an appropriate venue for urgent claims like Khalil’s, who does not have a final order of removal, and that he should be able to challenge the decision at that level rather than waiting for the immigration court process, as reported by ABC7NY.
As the legal proceedings continue, the case has implications beyond Khalil himself. His advocacy for Palestinian sovereignty and the associated legal challenges illustrate the balance between national security measures and the rights to free speech and protest. Khalil continues to pursue his legal options to address the case.
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