On Thursday, January 15th, a panel of three judges from the 3rd Circuit Court of Appeals in Philadelphia ruled that Mahmoud Khalil must address his case through the immigration court system and potentially face re-detention. The decision stated that the immigration procedures set by Congress provide Khalil with a meaningful framework to present his claims during the process of re-appealing the final removal order.
This ruling serves as a significant victory for the Trump administration, favoring their ongoing efforts to deport pro-Palestinian activists. Khalil, who holds a green card, is currently appealing the removal order issued by the Board of Immigration Appeals (BIA) to the 5th Circuit Court of Appeals. However, Khalil’s lawyer expressed doubts about the likelihood of success in appealing BIA decisions, as the appellate courts “hardly ever” approve requests for non-citizens’ deportation stays.
Last year, a federal court in New Jersey ordered Khalil’s release after he had been detained in Louisiana for over three months. It remains unclear if the recent ruling by the 3rd Circuit Court of Appeals will lead to his re-detention.
Khalil’s legal team stated that the Thursday decision would not take immediate effect, preventing the Trump administration from lawfully re-detaining him until the order is officially enforced. Esha Bhandari, a member of Khalil’s legal team, mentioned that the ruling did not address the core issue of the First Amendment in this case, and they are exploring legal options, including petitioning for an en banc rehearing at the 3rd Circuit Court of Appeals.
Khalil remarked, “The possibility of being detained again may be looming, but I will continue to fight through all legal means with full determination until my rights, as well as those of others like me, are fully protected.”
The Trump administration praised the ruling issued on Thursday. Department of Homeland Security spokesperson, Tricia McLaughlin, stated that the 3rd Circuit Court’s decision upholds the rule of law and reaffirms the simple truth that immigration judges, rather than regional judges, have the authority to determine Khalil’s release.
McLaughlin emphasized that the detention of Khalil falls within the government’s statutory and constitutional mandate, indicating that any foreign individual advocating violence, supporting terrorists, harassing Jewish people, or disrupting property should be treated in a similar manner. The administration encourages self-deportation using the CBP Home app to avoid arrest and permanent loss of re-entry opportunities.
The conflicts between Hamas and Israel in October 2023 led to widespread pro-Palestinian student demonstrations on American university campuses, including Columbia University where Khalil was an active participant in the protests as a student representative engaging in negotiations with the university.
In 2025, the Trump administration implemented an executive order to combat “anti-Semitism” on college campuses. In March of that year, ICE agents arrested Khalil at his residence, accusing him of organizing campus protests and involvement in activities related to Hamas.
(Note: This article is based on reporting from POLITICO)