On October 19, 2026, former Columbia University student Mahmoud Khalil petitioned the U.S. Supreme Court to review his deportation case, challenging a 3rd Circuit ruling that federal district courts cannot order the release of noncitizens from ICE custody during removal proceedings. Arrested in March 2025 under an Immigration and Nationality Act provision invoked by Secretary of State Marco Rubio, Khalil argues his detention penalizes First Amendment speech advocating for Palestinians.
Supreme Court petition and schedule
- ▪Mahmoud Khalil's Supreme Court petition seeks to overturn a 3rd U.S. Circuit Court of Appeals ruling that federal immigration law prevents district courts from ordering a noncitizen's release from immigration detention
- ▪On October 19, 2026, former Columbia University student and pro-Palestinian activist Mahmoud Khalil petitioned the U.S. Supreme Court to review his deportation case
- ▪Mahmoud Khalil remains free under a lower court order barring his re-detention while the U.S. Supreme Court considers whether to review his case
- ▪The U.S. Supreme Court is scheduled to consider Mahmoud Khalil's petition during a private conference in January, with potential oral arguments taking place in spring if accepted
Mahmoud Khalil's press conference statements
- ▪During an October 19, 2026 press conference, Mahmoud Khalil stated that the Trump administration is attempting to avoid federal court scrutiny by channeling his deportation case into immigration courts
- ▪During an October 19, 2026 press conference, Mahmoud Khalil stated that his legal battle against deportation determines whether anyone in the United States can advocate for Palestinians without facing government punishment
Legal arguments for judicial review
- ▪Attorneys for Mahmoud Khalil argue that noncitizens must be allowed to use habeas corpus petitions in federal court to challenge immigration detentions that punish constitutionally protected speech
- ▪Center for Constitutional Rights legal director Baher Azmy stated that denying district court review creates a dangerous precedent allowing individuals to be detained based on arbitrary executive diktat without judicial recourse
Arrest and initial detention
- ▪In March 2025, federal immigration agents arrested Columbia University student Mahmoud Khalil in his residence lobby as part of a Trump administration campaign targeting noncitizen students engaging in pro-Palestinian activism
- ▪Mahmoud Khalil, an Algerian citizen born in a Palestinian refugee camp in Syria and a U.S. permanent resident, was held for over 100 days in a Louisiana detention facility
Government grounds for removal
- ▪Secretary of State Marco Rubio invoked a provision of the Immigration and Nationality Act to declare Mahmoud Khalil removable, citing his involvement in Columbia University pro-Palestinian protests
- ▪White House spokeswoman Lauren Bis stated that Mahmoud Khalil obtained his visa by failing to accurately report background information, justifying executive immigration enforcement actions
District court rulings on speech protections
- ▪A federal judge in Boston ruled in 2025 that First Amendment free speech protections apply to noncitizens challenging their detention
- ▪In June 2025, U.S. District Judge Michael Farbiarz ordered Mahmoud Khalil's release from an ICE facility on the grounds that his detention likely violated First Amendment free speech protections
Appeals court split on jurisdiction
- ▪Federal appeals courts are split on district court jurisdiction, as the 4th U.S. Circuit Court of Appeals upheld a district judge's release order for scholar Badar Khan Suri
- ▪In January 2026, the 3rd U.S. Circuit Court of Appeals ruled 6-5 that federal district courts lack jurisdiction to order noncitizens released from custody while immigration removal proceedings are ongoing
Legal challenges by other foreign scholars
- ▪The 2nd U.S. Circuit Court of Appeals in New York ordered a rehearing in foreign scholar Mohsen Mahdawi's detention challenge after initially ruling for the government
- ▪Foreign scholars Badar Khan Suri and Mohsen Mahdawi were also detained by U.S. immigration authorities in 2025 for pro-Palestinian advocacy and subsequently filed federal court challenges
Story comments
Loading comments…