Full Breakdown
Supreme Court Review Sought by Pro-Palestinian Activist
By Drooid · · How we work
Background and Legal Context
Mahmoud Khalil, a Columbia University graduate and lawful permanent resident who was born in a Palestinian refugee camp in Syria, was taken into ICE custody in 2025 after campus protests over Israel’s war in Gaza. The State Department, citing a little-used provision of the Immigration and Nationality Act, argued that his presence was “contrary to U.S. foreign-policy interests.” Khalil spent more than three months in a detention center in Louisiana before a New Jersey district judge ordered his release on First-Amendment grounds.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals reversed that decision, holding that district courts lack authority to entertain challenges to ICE detention while removal proceedings are pending. The full court affirmed the reversal in a 6-5 split. Federal appellate courts remain divided on whether such habeas-corpus claims must proceed exclusively through immigration courts.
Key Legal Issues and Statistics
- Jurisdictional dispute: Whether federal district courts can order release of noncitizens detained by ICE before an immigration judge’s final order.
- Potential impact: A Supreme Court ruling against Khalil could leave dozens of detained noncitizens without a meaningful avenue to contest prolonged detention.
- Detention length: Khalil was held for roughly 104 days, missing the birth of his first child.
Official Statements and Responses
The administration, through the State Department’s citation of the INA provision, frames Khalil’s presence as “undercutting the national interest.” The Justice Department declined to comment on the petition.
Criticism and Opposition
Immigrant-rights advocates warn that limiting district-court review would strip detainees of habeas-corpus protections, leaving them vulnerable to indefinite detention. The Center for Constitutional Rights called the potential outcome “terrifying,” noting it would allow “arbitrary executive diktat” to go unchecked.
Verbatim Quotes
- “This fight is not only about whether I get to stay in this country, it’s really about whether anyone in this country can speak out for Palestinians without being punished for it,” — Mahmoud Khalil
- “We want to be in a constitutional court, a real court, while they want us to be in the president’s courts,” — Baher Azmy, legal director, Center for Constitutional Rights
What’s Next
On October 19, Khalil’s lawyers filed a petition asking the Supreme Court to hear the case. The Court has not indicated whether it will grant certiorari; if it declines or upholds the 3rd Circuit’s ruling, the government could seek to re-detain and deport Khalil. The administration has also asked the Court to review a related case involving Badar Khan Suri, suggesting a possible joint hearing. Future proceedings will hinge on the Court’s decision to take the case and on any subsequent appellate actions in the immigration-court system.
