Appeals court says judge had no jurisdiction to order Mahmoud Khalil's release
A federal appeals court ruled Thursday that a judge had no jurisdiction to order Columbia University pro-Palestinian activist Mahmoud Khalil released from immigration detention last summer, a decision that could lead to his re-arrest.
Khalil, a green card holder who is married to an American citizen, was released from ICE custody last June following his arrest by ICE agents in New York City in March.
U.S. District Judge Michael Farbiarz issued an order on June 20 granting Khalil 's release on bail after determining that he presented neither a danger nor a flight risk and that extraordinary circumstances justified his temporary release while his habeas case proceeded -- a decision that was sharply criticized by the Trump administration.
On Thursday, the 3rd U.S. Circuit Court of Appeals ordered Judge Farbiarz to dismiss a petition Khalil had filed challenging his detention, on the grounds that Farbiarz lacked jurisdiction in the case.
"On consideration whereof, it is now ORDERED and ADJUDGED that the District Court's orders entered on April 29, May 28, June 11, June 20, and July 17, 2025, are hereby VACATED and the case is REMANDED to the District Court with instructions to dismiss the petition for lack of subject-matter jurisdiction," the opinion said.
Khalil was picked up at his Columbia University housing complex last March and jailed as part of the Trump administration's crackdown on pro-Palestinian protests. He spent about three months in a Louisiana detention center and missed the birth of his son.
Khalil was detained on the basis of Secretary of State Marco Rubio's determination that Khali's speech would "compromise a compelling U.S. foreign policy interest." Judge Farbiarz granted Khalil's request for a preliminary injunction after concluding that he would continue to suffer irreparable harm if the government continued efforts to detain and deport him.
Prior to ordering his release, the judge also found that Khalil was likely to succeed on the merits of his constitutional challenge to his detention and attempted deportation on the "foreign policy ground."
"Today's ruling is deeply disappointing, but it does not break our resolve," Khalil said in a statement Thursday. "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. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected."
Khalil's lawyers said they are now considering whether to pursue an appeal to the full circuit -- an interim step before a possible appeal to the U.S. Supreme Court.
"Today's decision is deeply disappointing, and by not deciding or addressing the First Amendment violations at the core of this case, it undermines the role federal courts must play in preventing flagrant constitutional violations," said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union.
"The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech," Hodgson said. "Dissent is not grounds for detention or deportation, and we will continue to pursue all legal options to ensure Mahmoud's rights are vindicated."
"Last year's arrest of Mahmoud Khalil was more than just a chilling act of political repression, it was an attack on all of our constitutional rights," New York City Mayor Zohran Mamdani said in a social media post. "Now, as the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free -- and must remain free."
