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Federal Court Rules Against Mahmoud Khalil’s Release From ICE Detention
A federal court ruled against the release of pro-Palestinian activist Mahmoud Khalil from federal immigration custody, handing a victory to the Trump administration.
A panel of Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled Thursday that a judge lacked jurisdiction when they ordered Khalil’s release from immigration detention in June, Reuters reported.
Through the 2-1 order, Khalil’s lawsuit challenging his first arrest has been dismissed, meaning he could be taken back into federal immigration custody.
“Our holdings vindicate essential principles of habeas and immigration law. The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on — in a petition for review of a final order of removal,” the majority wrote in their ruling, according to CBS News.
The panel ruled that an immigration judge must hear Khalil’s claims.
“[V]arious provisions of the INA [Immigration and Nationality Act] limit an alien’s ability to collaterally attack (challenge) ongoing immigration proceedings through habeas. The District Court did not see those limits as barring subject-matter jurisdiction over Khalil’s claims. We disagree,” the majority wrote. “[The INA] strips the District Court of jurisdiction, requiring Khalil to wait to raise his claims until he files a petition for review (PFR) of a final order of removal.”
The Trump administration arrested Khalil in March, a Green Card holder from Syria, who is also of Palestinian descent, after he helped lead anti-Israel protests at Columbia University and engaged in activities that were “aligned to Hamas.”
After Khalil’s arrest, Secretary of State Marco Rubio pledged to strip the legal status of immigrants found to be “Hamas supporters.”
“We will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported,” Rubio said on X at the time.
Rubio also said then that Khalil’s “presence or activities would compromise a compelling U.S. foreign policy interest.”