A federal appeals court has just delivered a significant decision that could see Columbia University activist Mahmoud Khalil back behind bars, reigniting debates over free speech and immigration policy.
On Thursday, the 3rd U.S. Circuit Court of Appeals ruled that U.S. District Judge Michael Farbiarz lacked jurisdiction to order the release of Khalil, a pro-Palestinian activist and green card holder, from immigration detention last summer.
Khalil, married to an American citizen, was arrested by ICE agents in New York City in March and held for about three months in a Louisiana detention center. The appeals court vacated prior district court orders and remanded the case with instructions to dismiss Khalil’s petition challenging his detention.
Khalil was detained as part of the Trump administration’s efforts to address pro-Palestinian protests, missing the birth of his son while in custody, before being released on bail by Judge Farbiarz on June 20.
The lower court had found Khalil neither a danger nor a flight risk and cited extraordinary circumstances for his temporary release. Now, the appeals court’s ruling opens the door to potential re-arrest, while Khalil’s legal team considers further appeals, possibly to the U.S. Supreme Court.
The issue has sparked intense debate over the balance between national security and individual rights, especially when it comes to immigration enforcement and political speech.
Khalil’s detention stemmed from a determination by Secretary of State Marco Rubio that his speech compromised a vital U.S. foreign policy interest, according to ABC News.
Judge Farbiarz initially ruled in Khalil’s favor, granting a preliminary injunction after concluding that continued detention would cause irreparable harm.
He also believed Khalil had a strong chance of winning his constitutional challenge against deportation on foreign policy grounds. But the appeals court’s reversal suggests that jurisdictional limits must override personal circumstances, no matter how compelling.
New York City Mayor Zohran Mamdani took to social media to decry the threat of Khalil’s re-arrest, stating, “Mahmoud is free -- and must remain free.” That’s a bold claim, but it sidesteps the legal reality that courts, not mayors, decide jurisdiction. Emotional appeals can’t rewrite the rule of law.
Khalil himself expressed frustration with the ruling, saying, “Today's ruling is deeply disappointing, but it does not break our resolve.” That’s admirable grit, yet resolve alone doesn’t change a court’s finding on jurisdiction. His fight may continue, but it’s now on shakier ground.
Bobby Hodgson, deputy legal director at the New York Civil Liberties Union, also weighed in, arguing, “The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech.”
The timeline of Khalil’s case—from his arrest at his Columbia University housing complex to his three-month detention—paints a picture of a man caught in a larger geopolitical chess game. Missing his son’s birth adds a human element, but policy debates rarely bend for personal tragedy. The question remains whether such detentions serve a broader purpose or simply fuel division.
The Trump administration faced sharp criticism for Khalil’s initial release, viewing it as a judicial overreach. Now, with the appeals court’s ruling, their position seems vindicated—at least on procedural grounds. It’s a reminder that legal battles often hinge on technicalities, not just moral arguments.
Khalil’s legal team is mulling an appeal to the full circuit as a stepping stone to the Supreme Court. That’s a long road, and success is far from guaranteed when jurisdiction itself is the hurdle. Still, their persistence signals this case could shape future immigration and speech disputes.
