Appeals court vacates order freeing Mahmoud Khalil, opening path for re-detention
A federal appeals panel ruled a district judge lacked jurisdiction to free Mahmoud Khalil, vacating his release order and potentially allowing his re-detention and deportation.
Overview
Mahmoud Khalil, a Palestinian-born Columbia activist and lawful permanent resident, was detained in March; a district judge ordered his release in June after finding constitutional concerns.
A 3-judge Third Circuit panel (2-1) vacated the district court's orders, citing the Immigration and Naturalization Act’s limits and lack of subject-matter jurisdiction.
The ruling allows the government to seek Khalil's re-detention and continues separate immigration removal proceedings, moving review to immigration courts before federal habeas review.
Judge Arianna Freeman dissented, warning Khalil faces irreversible harm and that delaying judicial review could leave constitutional free-speech claims without timely remedy.
Khalil and his lawyers may seek rehearing by the full circuit or the U.S. Supreme Court; meanwhile the ACLU says Khalil remains free pending appeals.
Analysis
Center-leaning sources frame the story as a legal-political win for the Trump administration by using evaluative phrasing ('significant victory'), foregrounding the government's 'foreign policy' rationale, and emphasizing procedural reversal while offering few direct Khalil quotes. Editorial choices prioritize governmental perspective and legal mechanics over activist viewpoints and broader civil-liberties context.
Sources (14)
FAQ
Mahmoud Khalil is a Palestinian-born Columbia University graduate student and lawful permanent resident (green card holder) who was detained by ICE in March 2025 for his role in pro-Palestinian protests, including negotiating for the Gaza solidarity encampment, with allegations of leading activities aligned with Hamas.
The Third Circuit Court of Appeals ruled 2-1 that the district judge lacked jurisdiction to order Khalil's release, vacating the order under the Immigration and Naturalization Act and allowing potential re-detention while proceedings move to immigration courts.
Khalil and his lawyers may seek a rehearing by the full Third Circuit or appeal to the U.S. Supreme Court; he remains free pending further appeals, with separate immigration removal proceedings ongoing.
The Trump administration alleges Khalil led activities aligned with Hamas, a designated terrorist organization, as part of a crackdown on pro-Palestinian protests at Columbia University.
History
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