A federal appeals court has rejected a lower court's order to release Palestinian activist Mahmoud Khalil from detention, leaving the door open for his government-led deportation. The ruling was issued on Thursday in a split decision by the 3rd U.S. Circuit Court of Appeals, which rules on cases involving New Jersey, Delaware, and Pennsylvania.
Khalil, a green card holder, had been detained at his New York apartment in March after being quickly flown to a Louisiana detention center. He spent three months there while the government sought to deport him, missing the birth of his child. In June, a federal judge ruled that the Trump administration's detention of Khalil was likely illegal and violated his First Amendment rights.
However, the appeals court overturned this ruling in a 2-1 decision, stating that the lower court did not have jurisdiction over Khalil's free speech claims case. The dissenting judge argued that the lower court had jurisdiction and that Khalil's release should have held.
The decision does not immediately go into effect, but it sets the stage for potential re-detention of Khalil within about a month and a half. His legal team has warned that any re-detainment would be a "big mistake" and could lead to years-long detention.
Khalil is currently fighting two separate legal battles: one in federal court and another in immigration court. The Trump administration seeks to deport him based on his activism for Palestinian rights, claiming he has ties to the militant group Hamas.
"This decision essentially endorses the idea that even if someone's free speech rights were violated, the government can still detain and seek to deport them," said Brett Max Kaufman, an attorney with the American Civil Liberties Union. "That just defeats the entire purpose of the First Amendment. If this decision stands, the government might be able to snatch you up for your speech and put you in detention for years."
The ACLU has condemned the court's ruling, calling it "deeply disappointing" but reaffirming Khalil's commitment to activism for Palestinian rights.
New Jersey Mayor Zohran Mamdani has also spoken out against the decision, stating that Khalil is free and must remain free. Other pro-Palestinian activists who have been detained by the Trump administration are awaiting their appeals, including former Columbia University student Mohsen Mahdawi and Tufts University doctoral student Rümeysa Öztürk.
The Intercept's editor-in-chief, Ben Messig, has stated that the decision is a devastating blow to journalism and that the organization needs to grow in order to effectively fight back against the government's attacks on free speech.
Khalil, a green card holder, had been detained at his New York apartment in March after being quickly flown to a Louisiana detention center. He spent three months there while the government sought to deport him, missing the birth of his child. In June, a federal judge ruled that the Trump administration's detention of Khalil was likely illegal and violated his First Amendment rights.
However, the appeals court overturned this ruling in a 2-1 decision, stating that the lower court did not have jurisdiction over Khalil's free speech claims case. The dissenting judge argued that the lower court had jurisdiction and that Khalil's release should have held.
The decision does not immediately go into effect, but it sets the stage for potential re-detention of Khalil within about a month and a half. His legal team has warned that any re-detainment would be a "big mistake" and could lead to years-long detention.
Khalil is currently fighting two separate legal battles: one in federal court and another in immigration court. The Trump administration seeks to deport him based on his activism for Palestinian rights, claiming he has ties to the militant group Hamas.
"This decision essentially endorses the idea that even if someone's free speech rights were violated, the government can still detain and seek to deport them," said Brett Max Kaufman, an attorney with the American Civil Liberties Union. "That just defeats the entire purpose of the First Amendment. If this decision stands, the government might be able to snatch you up for your speech and put you in detention for years."
The ACLU has condemned the court's ruling, calling it "deeply disappointing" but reaffirming Khalil's commitment to activism for Palestinian rights.
New Jersey Mayor Zohran Mamdani has also spoken out against the decision, stating that Khalil is free and must remain free. Other pro-Palestinian activists who have been detained by the Trump administration are awaiting their appeals, including former Columbia University student Mohsen Mahdawi and Tufts University doctoral student Rümeysa Öztürk.
The Intercept's editor-in-chief, Ben Messig, has stated that the decision is a devastating blow to journalism and that the organization needs to grow in order to effectively fight back against the government's attacks on free speech.
this whole thing just seems so unfair. i mean, the guy's been detained for 3 months, missing out on major milestones like his own child's birth, and now the court is basically saying that doesn't matter? 
it's not about jurisdiction or whatever - it's about basic human rights. shouldn't we be protecting people's freedom of speech, not just their right to exist in this country?
it feels like they're always playing catch-up. and meanwhile, people are getting detained left and right because of their activism. it's like, what's the point of having a free speech movement if you're not actually gonna protect people who are using it to speak out against injustice?
until something changes.
. The appeals court's decision might seem harsh, but it's also a reminder that our courts have to navigate complex issues and follow precedent 
. It doesn't necessarily mean the government will go through with deporting him right away 
. Khalil's team is already preparing for a potential re-detainment, which could be a major setback 
. On the other hand, we're seeing a lot of solidarity from pro-Palestinian activists and organizations like the ACLU 
. It's heartening to see people standing up for what they believe in, even when faced with adversity 
. Let's hope Khalil gets to continue advocating for Palestinian rights without any further issues 
.
. the fact that they can still try to deport him even after a lower court ruled his detention was likely illegal and violated his first amendment rights is just crazy 
. the aclu is totally right that this decision basically says the government can do whatever they want and get away with it without any consequences 
. i hope khalil's team is able to get him out of this mess soon 
. The appeals court ruling is a huge setback for his case and it's like the government just got a free pass to do whatever they want with him 
. But at the same time, I'm trying not to lose hope 
. Maybe there's a way to appeal this decision again or get some new evidence that'll change everything 
. The ACLU and other pro-Palestinian activists are fighting hard for Khalil's rights, so I'm keeping my fingers crossed that they can make a difference 
. It's not all doom and gloom, right? 
, what's the deal with him? so he's been detained for deportation, but a court said it's okay for the gov to do that even if his freedom of speech was messed up? like, isn't that against the whole point of having a 1st amendment? 
This whole thing with Mahmoud Khalil sounds like a super long story, I'm still trying to get my head around it. Like, what even is Hamas? Sounds like some crazy stuff. Anyway, the appeals court ruling is basically saying that even if you have rights, the gov can still mess with you... and that's just not right 
. The ACLU is totally on top of this, I love how they're all like "nope, we got your back, Khalil". And can someone explain to me why the mayor in New Jersey is so protective of Khalil? Is it because Khalil's got a cool mustache or something? 
I've got the tea on this one... so Khalil is still up for deportation, and it's looking grim. The appeals court basically said the gov can still go after him even if his rights were violated, which is just wild 
. The Intercept is right, though - this decision is a major blow to journalism and our ability to speak truth to power 
. This isn't freedom, it's fear 
.
The fact that the appeals court didn't have jurisdiction over Khalil's free speech claims case is pretty weird 
Interesting that the dissenting judge thought the lower court had jurisdiction and wanted Khalil released, but I guess that didn't count.
️ They have the best bulgogi beef and kimchi fries... anyway, I digress. This news about Mahmoud Khalil reminds me of how immigration policies can be really confusing even for us native-born Americans. I mean, we don't always know who's eligible for what or why they're being targeted. It's like, can't we all just coexist and respect each other's differences? 
. I'm all for keeping America safe, but we need to make sure we're not sacrificing our core values in the process 
If the gov can just lock you up for speaking your mind, then what's the point? 
, and now ben messig is saying they need to grow stronger to fight back against gov attacks on free speech. can't we just have a conversation without being silenced or dragged through the courts? it feels like we're living in some kind of dystopian novel