US appeals court opens door to re-arrest Palestinian activist Mahmoud Khalil
The US Court of Appeals on Thursday ruled that the judge who released Palestinian activist and Green card holder Mahmoud Khalil from an immigration detention centre in June had no jurisdiction in the deportation case.
The decision could lead to Khalil's re-arrest while giving the Trump administration a boost in the highly fraught case that tests the limits of freedom of speech, especially for international students and permanent legal residents like Khalil.
The 2-1 ruling in the Third Circuit Court of Appeals says that the district court did not have subject matter jurisdiction over Khalil’s immigration proceedings. It does not weigh in, however, on some of the First Amendment arguments in the case.
Khalil expressed his disappointment with the ruling but said it did not break his resolve to fight for his and others’ rights.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” he said in a statement. “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. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected,” he added.
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Bobby Hodgson, deputy legal director at the New York Civil Liberties Union, said that the decision undermined the role of federal courts.
“Today’s decision is deeply disappointing, and by not deciding or addressing the First Amendment violations at the core of this case, it undermines the role federal courts must play in preventing flagrant constitutional violations. The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech.
Two of the three judges, Thomas Hardiman and Stephanos Bibas, ruled that the New Jersey district judge who oversaw Khalil’s petition for release lacked jurisdiction and should have initially addressed the matter in accordance with the Immigration and Nationality Act.
The overturned ruling from US District Court judge Michael Fabiarz granted Khalil's release under extraordinary circumstances while his habeas case proceeded.
Thursday's ruling does not take effect immediately, so the Trump administration cannot re-detain Khalil until the order formally takes effect, which will not occur while he and his legal team have the opportunity to review and appeal.
Khalil’s legal team said they are reviewing several legal avenues, including seeking review by the Third Circuit Court of Appeals, which would allow all Third Circuit judges to weigh in.
Trump administration
Federal district court judge Farbiarz granted Khalil’s request for a preliminary injunction in June 2025, after concluding that he would continue to suffer irreparable harm if the government continued efforts to detain and deport him on the basis of Secretary of State Marco Rubio’s determination under the “foreign policy ground”, a rarely used deportation provision of the federal immigration statute, which according to the Trump adminstration's interpretation would mean Khalil’s lawful protected speech would “compromise a compelling US foreign policy interest”.
Judge Farbiarz also found that Khalil was likely to succeed on the merits of his constitutional challenge to his detention and attempted deportation by the US government.
The June decision was a landmark victory for rights organisations, which said Khalil's constitutionally protected freedom of speech was not only trampled upon, but he was also "punished".
The Trump administration and the Department of Homeland Security illegally arrested and detained Khalil, who was a lead negotiator during the Gaza war encampments at Columbia University in the spring of 2024.
Khalil did not participate in the encampments himself, opting instead to negotiate with administrators and offer guidance to the students.
Despite this, immigration and customs enforcement (ICE) officers arrested him on 8 March 2025, transferring him 1,300 miles away to a Louisiana detention facility and depriving him of access to legal counsel, friends and family, including his pregnant wife.
He spent 104 days in ICE custody, missing the birth of his first child and his graduation ceremony at Columbia University.
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