Today, in a split 2-1 decision, the Third Circuit Court of Appeals overturned a district court to rule Which found that the detention and deportation of Mahmoud Khalil was likely unconstitutional. Today’s order does not address the underlying First Amendment arguments in his case, but rather states that the district court did not have subject matter jurisdiction over Mr. Khalil’s immigration proceedings.
This opinion does not take effect immediately and the Trump Administration cannot lawfully redetain Mr. Khalil until the order officially takes effect, which will not happen while he has the opportunity to request immediate review. Mr. Khalil’s legal team has several legal avenues they can pursue, including requesting a review On the bench From the Third Circuit Court of Appeals, which would allow all Third Circuit judges to have their say.
“Today’s ruling is very disappointing, but it does not break our resolve,” he said. Mahmoud Khalil. “The door may be open to the possibility of re-arrest in the future, but it does not close our commitment to Palestine, to justice and accountability. I will continue to fight, through all legal means and with every ounce of determination, until my rights and the rights of others like me are fully protected.”
In June 2025, federal court judge Michael E. Farbiers, on Mr. Khalil’s request for a preliminary injunction after concluding that he would continue to suffer irreparable harm if the government continued its efforts to detain and deport him based on Secretary of State Marco Rubio’s decision under the “foreign policy basis,” a rarely used deportation provision in federal immigration law, which states that Mr. Khalil’s legally protected speech would “jeopardize a compelling U.S. foreign policy interest.” Judge Farbyars also found that Mr Khalil was likely to succeed on the merits of his constitutional challenge to his detention and attempted extradition “on foreign policy grounds”. In a separate order, Judge Farbiars released Mr. Khalil on bail after determining that he did not pose any danger or flight risk, and that the exceptional circumstances justified his temporary release while the habeas corpus case continued.
“Today’s decision is deeply disappointing, and by not deciding or addressing the First Amendment violations at the heart of this case, it undermines the role that federal courts must play in preventing blatant constitutional violations,” he said. Bobby Hodgson, deputy legal director at the New York Civil Liberties Union. “The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from his home, and retaliating against him for his rhetoric. Dissent is not grounds for detention or deportation, and we will continue to pursue all legal options to ensure Mahmoud’s rights are defended.”
The Trump Administration and the Department of Homeland Security illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Soon after, the Department of Homeland Security transferred him 1,300 miles away to a detention center in Louisiana, tearing him away from his eight-months-pregnant wife and his legal counsel. During the 104 days he spent in ICE custody, Mr. Khalil missed the birth of his first child, among other important moments.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), the ACLU of New Jersey, and the ACLU of Louisiana.
The regime and the opposition can be read here. All case materials can be found here here, hereand here.
This press release is available online here.
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