Court ruling jeopardizes freedom for pro-Palestinian activist Mahmoud Khalil

"A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist. The three-judge panel of the 3rd U.S. Circuit Court of Appeals didn't rule on the key issue in Khalil's case: whether the Trump administration's effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional."

"Federal law requires the case to fully move through the immigration courts first, before Khalil can challenge the decision, they wrote. That scheme ensures that petitioners get just one bite at the apple — not zero or two, the panel wrote. But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct. The law bars Khalil from attacking his detention and removal in a habeas petition, the panel added."

"It was not clear whether the government would seek to detain Khalil, a legal permanent resident, again while his legal challenges continue. Thursday's decision marked a major win for the Trump administration's sweeping campaign to detain and deport noncitizens who joined protests against Israel. Baher Azmy, an attorney for Khalil, called the ruling disappointing and contrary to rulings of other federal courts. He noted the panel's finding concerned a hypertechnical jurisdictional matter, rather than the legality of the Trump administration's policy."

A three-judge 3rd U.S. Circuit Court of Appeals panel reversed a lower court order that had released Mahmoud Khalil from immigration detention. The panel declined to decide the constitutional question tied to Khalil's campus activism and criticism of Israel, instead finding that federal law requires completion of immigration-court proceedings before a federal judge can adjudicate the matter. The decision prevents Khalil from challenging detention and removal via a habeas petition and may delay relief for alleged unlawful government conduct. Khalil currently remains free while appeals proceed and his legal team plans further challenges.

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