A federal appeals panel has reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from immigration detention, bringing the government closer to detaining him indefinitely. Khalil, a known Palestinian activist, faces potential deportation as the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss his habeas petition.
The panel's 2-1 ruling emphasized that federal immigration laws dictate that deportation challenges be pursued through federal appeals courts, rather than district courts. This means Khalil's legal struggles are likely to continue as he seeks relief from his detention and deportation costs.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel noted, indicating a deep-rooted issue in the immigration legal framework that could delay justice for many individuals in similar situations.
This decision marks a significant victory for the Trump administration’s broader campaign, aimed at detaining and deporting noncitizens involved in protests against Israel. Khalil, who has been outspoken in his advocacy, was arrested on March 8, 2025, after federal officials accused him of leading activities aligned with Hamas, despite presenting no evidence against him.
After a federal judge initially ruled that the justification for Khalil's detainment might be unconstitutional, the Trump administration appealed that decision, asserting that the deportation process should instead fall to immigration judges. Khalil has characterized the government’s actions as a direct threat to his free speech rights.
As he continues to fight for his freedom, Khalil's legal team intends to pursue all available appeals in what they describe as an unjust campaign against a pro-Palestinian activist. Khalil could potentially face deportation to Algeria or Syria, despite the risks to his life in either location.
