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A federal appeals court has reversed a June court decision to release pro-Palestine activist Mahmoud Khalil from immigration detention, marking a major win for the Trump administration amid its ongoing push to deport him.
In a two-to-one decision on Thursday, the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the lower federal court did not have jurisdiction over the immigration matters in the case, and instructed it to dismiss the lawsuit filed by Khalil that freed him on a temporary basis.
“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,” or a PFR, the panel’s majority wrote in the judgment.
“The immigration laws enacted by Congress ordinarily require an alien to challenge his deportation in a PFR — unless he raises questions that a court of appeals could not meaningfully review in that context. That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the decision goes on. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
The order reversed by the panel had found that Khalil’s detention and removal were likely unconstitutional, with his detention causing irreparable harm to the Columbia University activist. Khalil missed the birth of his first child while in prison, after Immigration and Customs Enforcement (ICE) denied his request to be present with his wife.
Khalil’s legal team said that the order does not go into effect immediately, as the Trump administration “cannot lawfully re-detain Mr. Khalil until the order takes formal effect, which will not happen while he has the opportunity to seek immediate review.”
They and Khalil have pledged to exhaust all avenues to challenge the decision — to protect not just Khalil, but also other pro-Palestine and left-wing advocates who may face similar challenges by the Trump administration.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” said Khalil in a statement. “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability.”
Khalil’s legal team slammed the decision for failing to address the administration’s alleged violations of the First Amendment in prosecuting Khalil.
The decision “undermines the role federal courts must play in preventing flagrant constitutional violations,” said Bobby Hodgson, deputy legal director for the New York Civil Liberties Union, one of the groups representing Khalil.
“The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech. Dissent is not grounds for detention or deportation,” Hodgson said.
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