Appeals court lets Khalil stay free during appeal

Summary

A federal appeals court let Mahmoud Khalil remain free while he seeks Supreme Court review of his case against the Trump administration.

Why this matters

The ruling temporarily keeps Khalil out of detention as a legal fight continues over whether federal courts or immigration courts should handle his case. The outcome could affect how similar immigration detention challenges proceed.

A federal appeals court panel on Tuesday allowed pro-Palestinian activist Mahmoud Khalil to remain free while he asks the Supreme Court to review his case against the Trump administration.

Judges Stephanos Bibas, Arianna Freeman, and Thomas Hardiman of the 3rd U.S. Circuit Court of Appeals put on hold the court’s earlier ruling that Khalil’s case must proceed through immigration courts. Bibas, Freeman, and Hardiman were appointed by President Donald Trump, former President George W. Bush, and former President Joe Biden, respectively.

On Friday, the 3rd Circuit ruled that a federal judge in New Jersey who had ordered Khalil’s release and barred the administration from removing him from the country lacked authority to do so.

Khalil, a lawful permanent resident and green card holder, was arrested by federal immigration agents last year while he was a graduate student at Columbia University. He had taken part in campus protests against Israel’s military campaign in Gaza in 2024 and negotiated with the university’s administration.

U.S. District Judge Michael Farbiarz ordered Khalil’s release last June after more than 100 days in detention. Farbiarz, a Biden appointee, wrote at the time that the administration’s actions in detaining Khalil were unconstitutional.

In his appeal of Friday’s ruling, Khalil said overturning Farbiarz’s order placed him at “imminent risk of detention (and removal)” before the Supreme Court could consider his claims. He asked the appeals court to “issue an administrative stay” of its mandate for 30 days, or a shorter period the court found “equitable,” so he could seek relief from the Supreme Court.

A spokesperson for the Department of Homeland Security told The Hill that the panel’s Tuesday decision “does not change the facts: immigration laws will be enforced, and this Department will not be intimidated by lawsuits, media pressure, or activist campaigns designed to obstruct enforcement operations.”

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