US Appeals Court Ruling Reopens Door to Mahmoud Khalil’s Rearrest

A US federal appeals court has reversed a lower court ruling that led to the release of Mahmoud Khalil, a former Columbia University graduate student and prominent anti-Israel activist, reopening the possibility of his re-detention and eventual deportation.

 

In a 2–1 decision on Thursday, a three-judge panel of the 3rd US Circuit Court of Appeals ruled that a federal judge in New Jersey lacked jurisdiction to order Khalil’s release from immigration detention. The panel did not address the central constitutional question in the case — whether the US government’s effort to deport Khalil over his campus activism and criticism of Israel is lawful.

 

Instead, the court held that federal law requires Khalil’s case to proceed fully through the immigration court system before he can challenge his detention and removal in federal court.

 

“That scheme ensures that petitioners get just one bite at the apple -- not zero or two,” the judges wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”

 

The panel added that the law bars Khalil from challenging his detention and removal through a habeas corpus petition at this stage. It remains unclear whether US authorities will seek to detain Khalil again while his legal challenges continue.

 

The ruling marks a significant win for the White House’s broader campaign to detain and deport non-citizens who participated in protests against Israel.

 

In a statement released through the American Civil Liberties Union, Khalil described the decision as “deeply disappointing” but said it would not deter him.

 

“The door may have been opened for potential re-detention down the line, but it has not closed our commitment to Palestine and to justice and accountability,” he said. “I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”

 

His lawyer, Baher Azmy, said the ruling was disappointing and “contrary to rulings of other federal courts”, stressing that it turned on a “hypertechnical jurisdictional matter” rather than the legality of the government’s policy.

 

“Our legal options are by no means concluded, and we will fight with every available avenue,” Azmy said, adding that Khalil would remain free while appeals continue — a process that could take months or longer.

 

Khalil’s legal team may now seek a rehearing before the full bench of the 3rd Circuit or appeal directly to the US Supreme Court.

 

Khalil, 30, served as a leader of Columbia University Apartheid Divest (CUAD), a coalition of anti-Israel campus activists, while studying at Columbia. After the Gaza war erupted following the Hamas-led attack on October 7, 2023, CUAD organised disruptive protests that turned the campus into a focal point of anti-Israel activism. Israeli and Jewish students, along with a university antisemitism task force, reported widespread antisemitism during the unrest.

 

CUAD has endorsed violence, praised the October 7 attack, supported US-designated terrorist groups, distributed Hamas propaganda on campus and backed an activist imprisoned for assaulting Jewish students, according to university findings and public records.

 

An Algerian citizen born to a Palestinian family in a Syrian refugee camp, Khalil became a high-profile figure after his arrest in March as part of the US government’s crackdown on anti-Israel activism and antisemitism on university campuses.

 

Authorities have relied on a rarely used statute allowing the expulsion of non-citizens whose views are deemed a threat to US foreign policy interests. Khalil has also been accused of failing to disclose information on his green card application.

 

He was released in June under a court order and has continued to fight deportation. Since his release, Khalil has resumed public activism, appearing at protests and in media interviews. He has defended the Hamas-led attack on Israel, denied claims of antisemitism at Columbia University, met with US Senator Bernie Sanders, called for the “collapse” of what he described as the “Zionist genocidal project”, and voiced support for anti-Zionist Jewish groups.

 

His legal battle against deportation is expected to continue through the immigration courts, with the possibility of further appeals in the federal system.

 

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