A federal appeals court in the United States has delivered a significant victory to the administration of former President Donald Trump in its push to deport a prominent pro-Palestinian activist. The court ruled that a lower court judge overstepped his authority by ordering the release of Columbia University graduate student Mahmoud Khalil from immigration detention.
Court Ruling and Legal Implications
On Thursday, a three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals decided the case by a 2-1 vote. The majority opinion stated that the district court which initially heard Khalil's lawsuit lacked jurisdiction to order his release. The judges ruled that Khalil's claims should have been raised through an appeal of a removal order issued by an immigration judge, as outlined in the Immigration and Nationality Act.
This decision opens the door for U.S. immigration authorities to potentially re-arrest Khalil. More broadly, if the ruling stands, it could close off a common legal avenue used to challenge deportation orders in federal district courts. The court's opinion, which was not signed, argued that Congress provided a "meaningful forum" for Khalil to raise his claims later in the process.
Dissenting Voice and Activist's Response
U.S. Circuit Judge Arianna Freeman, appointed by President Joe Biden, strongly dissented. She argued that Congress did not intend to prevent a meaningful judicial review of Khalil's constitutional claims. "Khalil claims that the government violated his fundamental constitutional rights," Judge Freeman wrote, referencing his First Amendment free speech arguments related to his pro-Palestinian activism.
In a statement, Khalil called the ruling "deeply disappointing, but it does not break our resolve." His lawyers confirmed they plan to appeal the decision. For now, the ruling does not take immediate effect, preventing his immediate re-detention. Khalil affirmed, "The door may have been opened for potential re-detention down the line, but it has not closed our commitment to Palestine and to justice."
Background of the Case and Official Reaction
Mahmoud Khalil became a focal point in the Trump administration's crackdown on foreign student activists. He was arrested on March 8 by immigration agents at his Manhattan university residence. Trump had labeled pro-Palestinian campus protests as antisemitic and vowed to deport participating foreign students.
Although initially detained in New York, Khalil was transferred to New Jersey and later released in June from a Louisiana detention center by order of U.S. District Judge Michael Farbiarz. The Trump administration appealed that release, calling it an "unprecedented" intrusion and accusing Khalil of involvement in "violent and antisemitic riots" at Columbia in 2024—claims his lawyers dispute.
In September, an immigration judge separately ordered Khalil deported to Algeria or Syria over alleged omissions in his green card application, a ruling his lawyers are also appealing.
Tricia McLaughlin, a spokesperson for the U.S. Department of Homeland Security (DHS), hailed Thursday's appeals court decision. "Today's ruling... is a vindication of the rule of law," she said, asserting that an immigration judge, not a district judge, has the proper authority in such cases. She urged Khalil to "self-deport now" before facing arrest and deportation.
The court's ruling was issued by Judges Thomas Hardiman and Stephanos Bibas, both appointed by Republican presidents. The decision came just hours before a federal judge in Boston was set to consider blocking the Trump administration's policy of arresting and deporting foreign students involved in pro-Palestinian advocacy, a policy previously found unconstitutional.
