A federal appeals court has thrown out a lower court order to release Palestinian activist Mahmoud Khalil from detention, sparking questions about whether the government can re-detain him. However, according to Khalil's lawyers, he remains free from further detention for approximately 45 days.
Khalil is currently fighting two separate legal battles: one in federal court and another in immigration court. His lawyers are warning that if the appeals process is not resolved before the deadline, the government may try to re-detain him again. However, Khalil's release order has not been officially overturned yet, as the 45-day countdown period for its implementation has not begun.
The 3rd US Circuit Court of Appeals ruled against Khalil in a 2-1 decision, stating that the lower court did not have jurisdiction over his free speech claims case. This means that even though the appeals court tossed out the original release order, it does not necessarily mean that Khalil can be re-detained immediately.
Khalil's lawyers are urging caution and emphasizing the importance of upholding Khalil's rights as a green card holder. They believe that the government may try to use an obscure immigration policy to argue that Khalil's activism for Palestine has adverse consequences for US foreign policy, and they are preparing for a potential appeal to the 5th US Circuit Court of Appeals.
The latest ruling is seen as alarming by many civil liberties groups and pro-Palestinian activists. Brett Max Kaufman, one of Khalil's attorneys, stated that if this decision stands, it could lead to Khalil being re-detained for years due to his free speech activities.
New York City Mayor Zohran Mamdani condemned the court's ruling in a statement, saying it was an attack on all constitutional rights and threatening Khalil with further detention. Other pro-Palestinian activists detained by the Trump administration are also awaiting their appeals.
In a statement, Khalil reaffirmed his commitment to activism for Palestinian rights and vowed to continue fighting through every legal avenue to protect his rights and those of others like him.
Khalil is currently fighting two separate legal battles: one in federal court and another in immigration court. His lawyers are warning that if the appeals process is not resolved before the deadline, the government may try to re-detain him again. However, Khalil's release order has not been officially overturned yet, as the 45-day countdown period for its implementation has not begun.
The 3rd US Circuit Court of Appeals ruled against Khalil in a 2-1 decision, stating that the lower court did not have jurisdiction over his free speech claims case. This means that even though the appeals court tossed out the original release order, it does not necessarily mean that Khalil can be re-detained immediately.
Khalil's lawyers are urging caution and emphasizing the importance of upholding Khalil's rights as a green card holder. They believe that the government may try to use an obscure immigration policy to argue that Khalil's activism for Palestine has adverse consequences for US foreign policy, and they are preparing for a potential appeal to the 5th US Circuit Court of Appeals.
The latest ruling is seen as alarming by many civil liberties groups and pro-Palestinian activists. Brett Max Kaufman, one of Khalil's attorneys, stated that if this decision stands, it could lead to Khalil being re-detained for years due to his free speech activities.
New York City Mayor Zohran Mamdani condemned the court's ruling in a statement, saying it was an attack on all constitutional rights and threatening Khalil with further detention. Other pro-Palestinian activists detained by the Trump administration are also awaiting their appeals.
In a statement, Khalil reaffirmed his commitment to activism for Palestinian rights and vowed to continue fighting through every legal avenue to protect his rights and those of others like him.