A federal appeals court ruling has reopened the possibility of detention and deportation for Mahmoud Khalil, a former graduate student at Columbia University, as his challenge to the Trump administration’s actions is pushed back into the immigration court system.On Thursday, a three-judge panel of the 3rd U.S. Circuit Court of Appeals reversed a lower court order that had secured Khalil’s release from an immigration jail. The panel did not rule on whether the government’s effort to deport Khalil over his campus activism and criticism of Israel violates the Constitution. Instead, by a 2–1 vote, it held that a federal judge in New Jersey lacked jurisdiction to intervene at this stage.
Why the court declined to rule on constitutionality
Under federal law, the judges wrote, Khalil must first exhaust proceedings in immigration court before seeking relief in federal court. That structure, the panel said, allows petitioners only one opportunity to challenge government action, a process that can require waiting even when claims involve alleged unlawful conduct.
A win for the administration’s deportation campaign
The ruling marked a legal victory for the Trump administration’s campaign to detain and deport noncitizens involved in pro-Palestinian protests. Tricia McLaughlin, a spokesperson for the Department of Homeland Security, said the decision was “a vindication of the rule of law,” according to the Associated Press. She added that the department would move to enforce Khalil’s removal order and urged him to leave the United States voluntarily.
No immediate detention, but uncertainty remains
It remains unclear whether authorities will seek to re-detain Khalil, a lawful permanent resident, while appeals continue. In a statement shared by the American Civil Liberties Union, Khalil called the ruling “deeply disappointing,” saying his commitment to Palestine and to accountability would continue.His lawyer, Baher Azmy of the Center for Constitutional Rights, told AP that the decision conflicted with other federal court rulings and said further legal options remained.
Arrest, detention and disputed allegations
Khalil, a visible figure in pro-Palestinian activism at Columbia, was arrested last March and spent three months in a Louisiana immigration facility, missing the birth of his first child. Federal officials have alleged his activities were aligned with Hamas, claims they have not supported with evidence and that do not include criminal charges. They have also accused him of omitting information on his green card application.
The statute at the centre of the case
The government relied on a rarely used statute allowing removal of noncitizens whose beliefs are said to threaten U.S. foreign policy. In June, a federal judge ruled that justification was likely unconstitutional and ordered Khalil’s release, a decision the administration appealed.
A dissent and the road ahead
Dissenting Judge Arianna Freeman wrote that Khalil raised urgent claims suitable for district court review. The majority rejected that view, saying the legal system often requires petitioners to wait.Immigration authorities are now weighing whether Khalil could be deported to Algeria or Syria, destinations his lawyers say would place him in serious danger.
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