Attorneys for Mahmoud Khalil, the former Columbia University student who became the face of the Trump administration’s crackdown on pro-Palestine speech, will ask the US Supreme Court to intervene after a federal appeals court opened the door for the government to detain and deport him.
Appeals Court Ruling
On Friday, the Third Circuit Court of Appeals upheld a January ruling by a three-judge panel that reversed a lower-court decision ordering Khalil’s release on bail. The ruling marks a significant setback for Khalil, but his lawyers insist he cannot be deported for now.
“We hope the Supreme Court will recognize how dangerous the Third Circuit’s decision was, not just for Mahmoud but for other non-citizens the administration has its vengeful sights upon,” said Baher Azmy, legal director of the Center for Constitutional Rights and part of Khalil’s legal team. “That ruling greenlights holding someone in prolonged, brutal detention conditions without access to meaningful judicial review to punish them and deter others from dissenting from US foreign policy.”
Split Decision
The Third Circuit judges were split, with six voting against and five in favor of Khalil’s request to reverse the earlier ruling. In a dissenting opinion, three judges argued that the majority’s ruling “ignores canons,” “strains precedent,” and “imperils the civil liberties of Khalil and similarly situated noncitizens.”
Khalil’s attorneys said they plan to ask the court to pause the decision’s implementation so they can bring the matter to the US Supreme Court.
Separate Immigration Case
Khalil is also fighting the government’s attempt to remove him in a separate immigration court case. Earlier this month, his legal team filed a motion to reopen that case after evidence emerged that the Trump administration had improperly fast-tracked it and tried to predetermine its outcome.
“What the administration wants to do is litigate his removability in the immigration court process – what I call the president’s courts,” said Azmy. “It’s a total sham process designed to carry out their plan to deport him.”
Background
Khalil, a US permanent resident married to a US citizen, was detained in March 2025, the first of several foreign students targeted over pro-Palestine advocacy. He had been a lead negotiator between Columbia University and student protesters during the spring 2024 encampments.
Khalil has remained defiant and has become a prominent advocate. “The administration wants to arrest, detain and deport me to intimidate everyone speaking out for Palestine across this country,” he said recently. “But no lies, corruption, or ideological persecution will stop me from advocating for Palestine and for everyone’s right to free speech.”
Khalil missed the birth of his first son while detained in an ICE facility in Louisiana. His lawyers argued he would suffer “irreparable harm” if forced to remain in detention, and a federal court sided with him, finding the government’s actions likely unconstitutional. However, the appeals court struck down that decision in January, ruling the federal judge lacked jurisdiction.
Dissenting Opinion
The dissenting judges wrote: “The Judiciary serves as an inseparable element of the constitutional system of checks and balances protecting civil liberties and checking legislative and executive discretion. We cannot fulfill that role if we write ourselves out of relevance and leave the Executive Branch to check itself.”
The Trump administration originally claimed Khalil posed a threat to foreign policy objectives in fighting antisemitism, citing a little-used McCarthy-era immigration statute. That claim has not been tested in court, as the government fought on jurisdictional grounds. Later, government lawyers argued Khalil omitted details in his green card application, which his lawyers reject.
Courts have expressed reservations. Last fall, a federal judge in Boston ruled that detentions of pro-Palestinian students were unconstitutional and designed to chill speech. Immigration officials revealed they relied on dossiers compiled by far-right, pro-Israel groups.
Despite being called a “Radical Foreign Pro-Hamas Student” by the administration, Khalil has been a nuanced critic of Israel and has spoken out against antisemitism. “I grew up in a community that valued human rights beyond religion, beyond race,” he told the Forward. “We should aspire for a place where there’s no more conflict, no more killing, open to anyone who wants to call it their home.”
