Court gives Mahmoud Khalil more time to fight Trump administration's efforts to deport him

Mahmoud Khalil, a lawful permanent resident, was detained by immigration authorities after participating in pro-Palestinian demonstrations at Columbia University in spring 2024. The U.S. government argued that his presence harmed U.S. foreign policy interests. A federal judge in New Jersey freed him, finding the government acted unconstitutionally. The 3rd U.S. Circuit Court of Appeals later ruled the New Jersey judge lacked authority to intervene and required the case to proceed through immigration courts first. The appeals court then put its ruling on hold while Khalil appeals to the U.S. Supreme Court. Khalil’s lawyers also pursued immigration-court proceedings, and a separate appeal is pending before the 5th U.S. Circuit Court of Appeals. The stay adds protection against re-arrest and deportation while other appeals continue.

"The 3rd U.S. Circuit Court of Appeals then heard the case. It ruled that the judge in New Jersey didn't have the authority to intervene in Khalil's case, and said the case needed to proceed first through the immigration courts. The appeals court on Tuesday, however, said it would put its ruling on hold while Khalil appeals to the U.S. Supreme Court."

"Khalil, a lawful permanent resident of the U.S., was detained by immigration authorities last year because of his participation in pro-Palestinian demonstrations at Columbia in the spring of 2024. The U.S. government argued at the time that Khalil's presence in the U.S. was harmful to the country's foreign policy interests."

"Khalil spent months in detention before a federal judge in New Jersey freed him, saying that the government had acted unconstitutionally. Tuesday's stay by the 3rd U.S. Circuit Court of Appeals provides Khalil with an extra layer of insulation against his possible re-arrest and deportation while his other appeals are still pending."

""We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent," he said in a statement. An appeal to the high court is expected in the coming months, possibly in late summer."

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