A federal appeals court delivered a significant ruling on Thursday that could reignite the contentious legal battle surrounding Palestinian activist and green card holder Mahmoud Khalil. The Third Circuit Court of Appeals determined in a 2-1 decision that the district court judge who ordered Khalil’s release from immigration detention in June lacked proper jurisdiction over the deportation proceedings.
The ruling represents a substantial victory for the Trump administration while creating immediate uncertainty for Khalil’s immigration status. Although the decision doesn’t immediately reactivate detention orders, it opens the possibility of re-arrest once the ruling takes formal effect, pending potential appeals from Khalil’s legal team.
Central to the case are fundamental questions about free speech protections for non-citizens, particularly permanent legal residents. Khalil, who served as a lead negotiator during the Gaza war encampments at Columbia University in spring 2024, was arrested by ICE officers on March 8, 2025, despite not personally participating in the protests. He was transferred to a Louisiana detention facility 1,300 miles from his home, separating him from legal counsel and his pregnant wife.
During his 104 days in ICE custody, Khalil missed both the birth of his first child and his Columbia University graduation ceremony. The government’s deportation efforts relied on a rarely invoked provision of immigration statute—the “foreign policy ground”—with Secretary of State Marco Rubio determining that Khalil’s protected speech allegedly compromised compelling U.S. foreign policy interests.
Legal experts expressed concern that the appeals court declined to address First Amendment arguments while focusing solely on jurisdictional grounds. Bobby Hodgson, deputy legal director at the New York Civil Liberties Union, stated the decision “undermines the role federal courts must play in preventing flagrant constitutional violations.”
Khalil’s legal team is currently reviewing multiple appellate options, including seeking en banc review by the full Third Circuit court. The activist vowed to continue his legal fight, stating: “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability.”