Lawyers for Mahmoud Khalil, a Columbia University graduate and pro-Palestinian activist, announced on May 22 that they will ask the U.S. Supreme Court to review his immigration case after a federal appeals court refused to reconsider his detention. The Third U.S. Circuit Court of Appeals upheld a 6-5 ruling that U.S. District Judge Michael Farbiarz lacked jurisdiction to order Khalil's release from immigration detention. Khalil, a green card holder married to an American citizen, was detained in March 2025 based on Secretary of State Marco Rubio's determination that his speech could compromise U.S. foreign policy interests. He was released in June 2023 but remains subject to a final removal order.
The appeals court's decision means Khalil must pursue his constitutional claims, including allegations of targeting over pro-Palestinian advocacy, through the immigration appeals process. Three dissenting judges warned that the ruling 'imperils the civil liberties of noncitizens' and criticized the court's decision to limit its own oversight. The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights condemned the ruling, calling it 'dangerous' and vowing to seek Supreme Court intervention.
Khalil's legal team argues that his detention was politically motivated, citing his activism following the Oct. 7, 2023, Hamas attack on Israel. The Trump administration has denied these claims, asserting that Khalil's case is being handled according to standard immigration procedures. Legal experts note that the Supreme Court's involvement could set a precedent for future cases involving noncitizens' rights and executive branch authority.